New Jersey Canavan Disease Attorneys
Thanks to modern science and technology, fetal conditions like Canavan disease and others are detectable during pregnancy. The advantage of detecting genetic diseases in early pregnancy is preparedness. When a physician and the expecting parents know about a genetic condition such as Canavan Disease, they can all be ready for what lies ahead and make informed decisions about how to proceed. A family can prepare to cope with potential heartache, and physicians can be medically ready to prevent the worst outcomes for both the mother and baby. Unfortunately, when a doctor neglects to discuss and conduct genetic testing that would have detected genetic disorders, they may be liable for medical malpractice in the form of wrongful birth. Physicians owe their patients a duty to provide the best available medical care in order to prevent unnecessary financial, emotional, and psychological damages. When they breach that duty through negligence with genetic screening, the parents of a child with Canavan disease may be eligible to file a lawsuit for damages.
Birthing a child with Canavan Disease may cause extreme hardship for a family. If genetic testing would have detected Canavan disease, but for your physician’s negligence, seek counsel from our experienced team of attorneys who can review your case, identify potential medical negligence, and help you take legal action in seeking just compensation. Simply reach out to us online or call 866-708-8617 to explore your options in a free consultation.
Canavan Disease: The Basics
Canavan Disease is a neurological disorder that inhibits myelin sheath development. Myelin encases nerves to protect them and preserve the smooth transmission of nerve impulses that deliver messages from the brain to other body parts. So, when nerves have defective protective coverings, they cannot send messages. This disease is part of leukodystrophy, a collection of disorders responsible for abnormalities in the brain, spinal cord, and nerves. Those with Canavan are missing an enzyme that helps the brain function normally. This disruption to the brain’s ability to develop correctly results in the disease. A child may inherit the disease when both parents are carriers, meaning they are missing one of the pair of enzymes typically found in healthy individuals.
Newborns or infants with Canavan disease have shortened lifespans, although juvenile Canavan is relatively less severe and less deadly. Caravan Disease strikes infants and newborns more often and more severely than other populations. Most parents notice the symptoms within five months of birth. The other kind is juvenile Canavan disease, which is less common and less severe than infant Canavan disease. Both forms affect the victim’s physical and mental capabilities.
Canavan is a rare disease that affects people of all ages and backgrounds, especially if they are of Eastern or Central European Jewish heritage. If you are a person of Ashkenazi Jewish descent, know that 1 in 6,400 to 13,500 people experience the disease.
Recognizing the Signs and Symptoms of Canavan Disease in Your Child
When these symptoms appear between three and five months, a newborn with limited motor function, an enlarged head, and weak or flaccid muscles may raise suspicions of the condition. The child may not turn over, sit, walk, or speak on time, missing benchmark milestones for healthy development. The child may have swallowing difficulties, vision loss, hearing loss, seizures, or sleeplessness. Most children with this condition do not reach their teenage years. Juvenile Canavan disease symptoms are less extreme. Delayed speech and coordination may be signs of the disease that are harder to notice.
Is there a cure for Canavan Disease?
The disease is incurable, and treatment is tailored to the specific symptoms to make the child comfortable and provide for the best life possible given their condition. For example, a baby may have feeding tubes to prevent malnutrition, seizure medications, and physical therapy to build muscle and improve speech.
The Importance of Genetic Screening to Identify Canavan Disease Carriers During Pregnancy
Since parents who are carriers can pass Canavan disease on to their children, genetic testing of the parents is critical to conduct early in the pregnancy. Once the tests reveal the genetic defect in each parent, a doctor can explain the likelihood of the child developing the disease. Genetic testing also allows parents to consider the risks of passing on the condition in subsequent pregnancies.
Once parents’ tests reveal the missing enzymes, they will likely want to test the unborn child. In that way, the parents can confirm that their child has Canavan disease and choose whether to end the pregnancy to save the child from a lifetime of suffering.
Types of Compensation Available through Canavan Disease Lawsuits
The heartbreaking daily caretaking of a child with Canavan disease can take a toll on any family. Treating a child consists of alleviating pain, seizures, and suffering from a variety of debilitating symptoms. A family may be financially and emotionally consumed with doctors, physical therapists, speech and language therapists, and round-the-clock caretaking. Even milder cases may require therapists and specialists to educate a developmentally delayed child with cognitive and physical challenges.
Filing a wrongful birth claim due to medical malpractice may help pay for medical and therapy expenses, among other losses, for your child’s condition. A wrongful birth claim allows a wronged family to receive economic damages, including medical and treatment costs, lost income due to caretaking duties, and in-home nursing care. A claim for wrongful birth damages also includes non-economic damages such as pain and suffering of your child, witnessing your child’s pain and suffering, and loss of enjoyment of life.
Rely on Our Canavan Disease Lawyers to Fight for Your Family in NJ
The excruciating toll that a Canavan disease diagnosis can take on a family cannot be understated and should not go unrectified when a medical professional’s negligence allowed such devastation to occur through failure to sufficiently educate you and your partner about genetic testing options, and to pursue such testing when you elect for this form of precautionary, preventive, proactive care for your child. Physicians are required to consider all of the parents’ genetic indicators and to ensure that those entrusted to their care have options, information, and the right tests at the right time. Neglect of such key functions during pregnancy is simply unconscionable and victims of wrongful birth are not without recourse.
That being said, determining if you are eligible for compensation and ensuring that you receive the maximum recovery you are entitled to is often a complicated process requiring legal expertise in medical malpractice, wrongful birth, and birth injury law. Our accomplished wrongful birth lawyers are prepared to make the process seamless while you focus on the number one priority: your child’s ability to live their best life. We work to build a rock solid case to demonstrate your doctor’s negligence and to tie such negligent protocols for genetic testing to your child’s Canavan disease. Contact us today to assess the validity of your claim and learn more about how we can assist you with taking the next steps to a better future for your family.