What Does My Family Need to File a Spina Bifida Lawsuit?

Before giving birth, you are faced with a long list of unknowns. Throughout the entire process of preparing, laboring and caring for your baby, the last thing you expect is for your baby to receive an unexpected birth injury diagnosis like spina bifida. Taking folic acid (often included in prenatal vitamins) early during pregnancy can help to prevent spina bifada from occurring. An ultrasound performed during the second trimester of pregnancy can help to diagnose spina bifada early before your baby’s birth. Spina bifada can then be treated early with a fetal surgery performed on your baby prior to birth, or with surgery immediately after birth. Oftentimes, if spina bifada is surgically treated early, your baby will have a higher likelihood of a good outcome. Sometimes doctors fail to prevent,  diagnose or inform the parents of this condition prior to birth. If this happens, the attorneys at Zevan Davidson Roman will guide you through a spina bifida lawsuit to help care for your baby and bring you much needed closure for the wrongs you have experienced.

What is spina bifida? 

Spina bifida is a congenital birth defect that affects the development of the spine and spinal cord, where the embryonic neural tube does not close before birth. There are three different types: spina bifida occulta, myelomeningocele or the very rare type meningocele. Spina bifida occulta is the most common and mildest form of the condition — resulting in a small separation or gap in one or more of the spinal bones. Typically, this occurs on the child’s lower back but in some cases it results in a higher location on the spine.

If your doctor does not recognize the signs before birth, it may lead to multiple surgeries and physical therapy in order to repair and help your child with movement down the line

What are the early signs of spina bifida? 

Doctors may be able to detect spina bifida as early as the second trimester ultrasound or immediately following birth. However, not every child who has spina bifida will show the same exact symptoms or have the same levels of disability.

The most common signs and future disabilities that may occur include:

• A lesion on the spine;
• Issues with bladder or bowel function;
• Weakness or paralysis in the legs;
• Orthopedic problems such as clubfoot, hip injuries or scoliosis
• Abnormal eye movements;
• Issues with cognitive functions such as problem solving; or
• Attention issues.

Depending on where the lesion is on the spine, your child may have more issues if a lesion is spotted higher up on the spine. However, if your doctor catches the signs of spina bifida early, they will be able to help you plan for the treatments and give your baby the adequate care he or she needs before, during and after birth.

When may a diagnosis become a lawsuit? 

Like any serious diagnosis, spina bifida should be explained and communicated to the parents as soon as it is detected. Doctors who properly conduct the routine prenatal ultrasound screenings typically spot the signs early on. However, there are times where a doctor will fail to diagnose or inform the parents of the existing condition. This breach in the standard of care may lead to a spina bifida lawsuit for their negligence in failing to timely diagnose and treat spina bifida.

Your Attorneys for a Spina Bifida Lawsuit

If you and your family have experienced a spina bifida misdiagnosis, the birth injury attorneys at ZDR are ready to step in and navigate the intricacies of your case. We will help you determine who is responsible for the missteps that led to your baby’s misdiagnosis. Contact us today for a free consultation to plan for the next steps in your claim process.