Anencephaly and Medical Negligence in Chicago
Anencephaly is a serious birth defect in which parts of a baby’s brain and skull do not develop. It is a type of neural tube defect that begins very early in pregnancy when the upper portion of the neural tube does not close completely.
Most cases of anencephaly are not caused by medical malpractice. The condition can involve genetic and developmental influences, maternal health factors, medication exposure, folate levels, and other factors that may not be fully understood. The diagnosis alone does not establish that a doctor, hospital, or another healthcare provider did anything wrong.
A legal question may arise in limited circumstances involving a specific prenatal testing error, failure to communicate an abnormal finding, negligent medication management, or another departure from accepted medical standards.
Free legal evaluation: If your concern involves a specific medical error rather than the diagnosis by itself, contact Sexner Injury Lawyers LLC or call (312) 243-9922.
What Is Anencephaly?
During the first weeks of pregnancy, a structure called the neural tube develops into the baby’s brain and spinal cord. Its upper portion helps form the brain and skull, while its lower portion helps form the spinal cord and bones of the back.
With anencephaly, the upper portion of the neural tube does not close completely. As a result, the baby is missing major portions of the forebrain and cerebrum, and remaining brain tissue may not be covered by bone or skin.
Anencephaly should not be described simply as a genetic abnormality. Researchers do not know all of its causes. It may involve changes in genes, environmental or maternal factors, or a combination of influences.
Additional medical information is available from the Centers for Disease Control and Prevention.
Risk Factors for Anencephaly
A risk factor can increase the chance that a condition will occur, but it does not prove what caused an individual pregnancy to be affected. Factors associated with an increased risk of neural tube defects such as anencephaly include:
- Low folate levels during early pregnancy
- Preexisting diabetes that is not well controlled
- Certain antiseizure medications
- High fever or significant overheating during early pregnancy
- A combination of genetic and other developmental factors
The existence of one of these factors does not necessarily mean that anencephaly was preventable or that anyone acted negligently.
Folic Acid and Neural Tube Defects
Taking 400 micrograms of folic acid every day before conception and during early pregnancy can help reduce the risk of neural tube defects. This timing is important because the neural tube develops and closes very early, sometimes before a person knows that pregnancy has begun.
Folic acid reduces risk but cannot prevent every case. A baby’s diagnosis should not be used to blame the mother for something she did or did not do during pregnancy.
More information is available from the CDC’s neural tube defect resource.
Prenatal Screening and Diagnosis
Anencephaly may be diagnosed during pregnancy or identified after birth. During pregnancy, the condition may cause an abnormal result on a maternal blood or serum screening test. It may also be visible during an ultrasound examination.
A blood screening result is not, by itself, a final diagnosis. An abnormal result may lead to additional imaging, consultation with a maternal-fetal medicine specialist, genetic counseling, or other evaluation.
Whether a particular healthcare provider should have identified the condition depends on factors such as:
- The stage of pregnancy when the testing occurred
- The type and quality of the ultrasound or screening study
- The findings visible at that time
- The provider’s specialty and responsibilities
- Whether additional testing or specialist referral was medically indicated
- Whether results were properly interpreted, documented, and communicated
A diagnosis made later than expected does not automatically prove negligence. Medical experts generally must determine whether the provider failed to meet the applicable standard of care.
Expected Outcome and Treatment
Anencephaly is fatal. There is currently no cure or standard treatment that can replace the missing portions of the brain and skull. Pregnancy loss is common, and almost all babies born with anencephaly die shortly after birth.
Families receiving this diagnosis may need compassionate medical counseling, clear information about the expected course of the pregnancy, and assistance understanding available care and support.
When Could Medical Negligence Be Relevant?
Because anencephaly ordinarily develops without being caused by medical negligence, a potential claim generally requires a specific medical error rather than the existence of the condition itself. Examples that may justify further review include:
- Failure to offer or perform prenatal testing that was medically indicated
- Misinterpretation of an ultrasound or other prenatal study
- Failure to investigate an abnormal serum-screening result
- Failure to communicate a known abnormal finding to the patient
- Unreasonable delay in referring the patient to maternal-fetal medicine, genetic counseling, or another specialist
- Negligent prescribing or management of a medication with known pregnancy risks
- Failure to explain important testing limitations or recommended follow-up
A successful medical malpractice claim would generally require proof that a provider departed from the accepted standard of care and that the departure caused legally recognized harm.
Medication Use During Pregnancy
Certain antiseizure medications are associated with an increased risk of neural tube defects. That does not mean that prescribing such a medication is automatically negligent. Doctors sometimes must balance the risks of medication against the serious risks of leaving epilepsy, bipolar disorder, or another maternal condition untreated.
A proper evaluation may consider:
- The medication and dosage
- When it was used during pregnancy
- The condition being treated
- Available alternatives
- The medical information known at the time
- Whether appropriate counseling and monitoring occurred
The former page broadly identified contraceptives, antidepressants, fertility medication, and other drug categories as causes of anencephaly. That list has been removed because such generalized statements do not accurately establish medical causation or malpractice.
A pregnant patient should not stop taking prescribed medication without first discussing the risks and alternatives with an appropriate healthcare provider.
Failure to Diagnose and Wrongful Birth Issues
When anencephaly is not identified or communicated in a timely manner, a possible legal issue may focus on lost medical information rather than an allegation that the provider caused the condition.
A potential wrongful birth claim may involve an allegation that negligent prenatal screening, imaging, counseling, or communication deprived the parents of timely information needed to make informed decisions about the pregnancy and medical care.
Wrongful birth and wrongful life are different legal concepts. They should not be treated as interchangeable, and the viability of any claim depends on Illinois law and the particular medical facts.
Records Used to Evaluate a Potential Case
A legal and medical review may require:
- Complete prenatal records
- Ultrasound reports and original images
- Maternal serum-screening results
- Genetic counseling records
- Medication and pharmacy records
- Maternal-fetal medicine consultations
- Referral records
- Patient-portal messages and telephone notes
- Hospital, delivery, and pathology records
The timing of tests, reports, referrals, and communications may be as important as the results themselves.
Illinois Medical Malpractice Deadlines
Illinois medical malpractice cases are subject to statutes of limitation and repose. The applicable deadline can depend on when the alleged error occurred, when it reasonably should have been discovered, whether the claim belongs to a parent or child, and other circumstances.
The general statute is contained in Section 13-212 of the Illinois Code of Civil Procedure. It should not be used to calculate a particular deadline without legal review.
Contact Sexner Injury Lawyers LLC
Most cases of anencephaly do not involve malpractice. A legal evaluation may be appropriate, however, when there is a specific concern about prenatal testing, ultrasound interpretation, abnormal results, specialist referral, medication management, or communication of the diagnosis.
Contact Sexner Injury Lawyers LLC or call (312) 243-9922 for a free and confidential evaluation. We will explain honestly whether the circumstances appear to justify further investigation.
