Chicago Anencephaly Claim Lawyers
Anencephaly is a congenital birth defect in which a baby is missing parts of the brain and skull. It is a type of neural tube defect (NTD). During the first month after conception, the fetus's nervous system is made up of cells of the neural plate. During normal development, these cells fold back onto themselves and create what is referred to as the neural tube. This tube develops into the spinal cord, backbone, and — in its upper portion — the brain. This genetic abnormality prevents the tube from closing completely, and as a result, a baby born with anencephaly is born without the forebrain (front part) or cerebrum (the part that regulates coordination and thought). Other parts of the brain are usually not covered by either skin or bone.
Anencephaly involves a baby with an underdeveloped brain and skull and is usually fatal. In some cases, the mother may have been prescribed certain drugs, antidepressants, or contraceptives without being fully informed about the dangers during pregnancy. These are all known risk factors. If the condition is discovered during pregnancy, it is often too late to treat. Mothers must be made aware of the need to take folic acid and which drugs to avoid. A failure to do so, and to properly monitor the mother, may be grounds for a medical malpractice lawsuit filed by a Chicago anencephaly attorney at Sexner Injury Lawyers LLC. Contact us at (312) 243-9922 for a free consultation.
What Are Risk Factors for Anencephaly?
Each year, anencephaly affects only a handful of births out of every 10,000. The causes of anencephaly are largely unknown, but many medical experts believe it is caused by a combination of genetic and other factors, which may include environmental causes such as pesticides and — particularly — medicines used during pregnancy. According to the Centers for Disease Control (CDC), researchers have identified several factors that may increase or reduce the risk of this birth defect:
- A higher risk of anencephaly exists among Hispanic-born babies, though the reason is not yet known.
- Drugs such as valproic acid, birth control pills, and antimetabolic drugs have been shown to increase risk.
- Taking folic acid before and during pregnancy can greatly reduce the risk.
Life Expectancy and Treatment of Babies Affected by Anencephaly
Of babies affected by anencephaly, approximately 25% die during pregnancy or birth. Most of the remaining 75% die within hours or days. There is currently no known treatment for anencephaly.
Medical Malpractice Claims for Anencephaly
Although anencephaly is often the result of genetics, it is also strongly linked to certain drugs and medicines used during pregnancy that may affect the formation of the fetus's neural tube. It is the responsibility of the OB/GYN to properly monitor the mother's pregnancy and do everything possible to minimize outside influences on the baby's development.
One of the most important ways a doctor can protect the growing fetus is to avoid prescribing drugs that have been linked to neural tube defects such as anencephaly. Few people thoroughly read or understand the long warning labels that accompany a new medication, and non-doctors cannot reasonably be expected to know which medicines are safe to use during pregnancy. Because of this, pregnant women almost always rely on their doctor's trusted guidance.
When a doctor fails in his or her duty to protect a woman from harmful drugs or other outside influences, a lawsuit for medical malpractice may be the appropriate course of action. Drugs that have been linked to anencephaly and other neural tube defects include:
- Valproic acid, prescribed to treat seizures, bipolar disorder (manic-depressive illness), and to prevent migraines.
- Depakote, also prescribed to treat a variety of seizure disorders.
- Birth control pills and contraceptives.
- Some antimetabolic drugs.
- Some SSRI antidepressants, such as Clomid, Zoloft, Paxil, Prozac, Lexapro, and Celexa.
In addition to a doctor's duty to protect a woman from drugs that may cause birth defects, it is also a doctor's duty to diagnose such abnormalities at the earliest possible opportunity, so that the mother can make informed decisions about her health and her fetus. Without a doubt, the most personal of all decisions is whether a mother chooses to continue or terminate a pregnancy. When a doctor fails to provide the mother with timely information about the development of her fetus, the mother is deprived of that choice. Such cases are known as "wrongful life" or "wrongful birth" claims and may constitute medical negligence.
Standard testing is accomplished with an ultrasound. Another important diagnostic tool is the MSAFP screening test, which measures alpha-fetoprotein levels in the mother's blood during pregnancy. Although all pregnant women should be offered this test, a doctor who fails to offer it to women with certain elevated risk factors may be considered particularly negligent. Women with higher risk include those:
- With a family history of birth defects;
- Who are over 35 years of age;
- Who have taken certain potentially harmful medications or drugs;
- With diabetes.
Contact Our Chicago Anencephaly Attorneys Today
When anencephaly or other birth defects are discovered, parents are forced to confront incredibly difficult decisions. Since 1990, the Chicago birth injury lawyers at Sexner Injury Lawyers LLC have been assisting families during these difficult times. We can investigate your circumstances at no charge and help you determine whether medical malpractice contributed to your child's injury in any way. Call us free of charge now at (312) 243-9922 to see how we can help.
