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Misread Genetic Testing

Syracuse Birth Injury Attorneys for Genetic Testing Claims

While a child’s birth is often occasion for great rejoining and celebration, it can also present unanticipated situations. Many families do not have money saved in case their doctors make a mistake with regard to genetic testing of a fetus in the womb. If you are concerned about misreading or failure to conduct genetic testing that may have harmed you and your child, you should talk to the seasoned Syracuse birth injury lawyers of DeFrancisco & Falgiatano.

Misreading or Failure to Conduct Genetic Testing

Changes and mutations in a fetus’s chromosomes or genes can present substantial health risks to your child once born. It can be expensive to provide your child with ongoing treatment he or she may need for the rest of her life. In addition, parents are not always emotionally prepared to see their children struggle. When there are missing copies of X chromosomes or Y chromosomes, your baby can develop Tay-Sachs disease, spinal muscular dystrophy, sickle cell disease, and more. Doctors can order genetic testing to address concerns about debilitating disorders and diseases. Genetic testing has the potential to identify numerous conditions impacted by gene mutation including cystic fibrosis, Cri-du-Chat syndrome, Trisomy 18/Edwards syndrome, Turner syndrome, and Trisomy 13/Patau syndrome.

Birth Injuries

Many Syracuse obstetrician-gynecologists ask expectant mothers to go through genetic tests. This allows doctors to identify whether the fetus as a genetic disorder and whether there’s an increased chance of having a child with a genetic disorder. Whether a fetus has spina bifida or cystic fibrosis can be determined through fetal testing. Likewise, between 14-20 weeks, many doctors recommend an amniocentesis, in which amniotic fluid is collected through a needle that contains cells the fetus sheds that can be evaluated for a genetic disorder. When proper diagnosis occurs during gestation, it may be possible to plan better for treatment upon a child’s birth.

Diagnostic tests should be recommended if you had an abnormal, suspected or positive non-invasive prenatal testing result. When proper genetic testing is conducted, you may be better able to manage your decisions, whether that is pregnancy termination or simply getting financially and psychologically prepared. Your Syracuse doctor should discuss informed consent with you so that you understand what the results of such testing would mean for you and what your options are.

Unfortunately, health care providers sometimes make mistakes with devastating consequences. The costs of caring for children with preventable birth injuries can be substantial. When your health care provider misreads or fails to conduct genetic testing and your baby is born with serious birth injuries, it may be appropriate to pursue damages for medical malpractice.

Our lawyers may be able to recover damages on behalf of you and your child if we can establish the following is more likely true than not: (1) the defendant owed you and the baby a professional standard of care, (2) departure from the professional standard of care, (3) causation, and (4) damages. The professional standard of care will depend on what other healthcare providers in the same specialty in Syracuse would have done. If, for instance, genetic testing was misread and your child was born with spina bifida, it may be worth investigating to see whether compensation can be recovered.


If we can establish your provider’s liability, we may be able to recover compensatory damages on your behalf. These are damages intended to make you and your baby whole, though in some cases, the emotional weight of adjusting to the different life that comes with birth injuries can feel more difficult than can be fully compensated through financial recompense. The damages we may be able to recover depend on the particular harm that resulted from your baby’s birth injuries. They could include medical expenses, rehabilitation, loss of enjoyment, pain and suffering, emotional distress, and lifelong care. When a baby or child dies as a result of misreading or failure to conduct genetic testing, we may be able to pursue wrongful death damages.

Obtain the Best Results By Hiring a Seasoned Birth Injury Lawyer

When you choose a law firm to represent you in pursuing damages for your child’s birth injuries, you should consider its trial experience, as well as reviews by its clients. The seasoned Syracuse attorneys of DeFrancisco & Falgiatano possess more than 3 decades of experience representing those harmed by negligence. We’ve won or settled cases in excess of $100 million. As members of the Million Dollar and Multi-Million Dollar Advocates Forums, we have a record of success. We represent clients in Auburn, Rochester, Elmira, Watertown, Oneida, Utica, Oswego, Lowville, Wampsville, Canandaigua, Lyons, Herkimer, Ithaca, Binghamton, and Cooperstown. Complete our online form or call us at 833-200-2000.

Client Reviews
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY