ATTENTION ALL PREGNANT WOMEN

ATTENTION ALL PREGNANT WOMEN

The American College of Obstetrics and Gynecologists (“ACOG”) issued a practice bulletin (New Recommendations for Down Syndrome Call for Screening of All Pregnant Women ) on January 2, 2007 recommending that all pregnant women should be offered screening for Down syndrome. Under previous protocols, only women 35 years of age or older were offered genetic counseling and diagnostic testing for Down Syndrome via amniocentesis or chorionic villus sampling (‘CVS”).

The new standard of practice is to offer all pregnant women less invasive screening options to assess their risk for giving birth to a child with Down syndrome, a relatively common disorder characterized by an extra chromosome that can result in congenital heart defects and mental retardation. The screening should occur before the 20th week of pregnancy

The failure to offer this form of screening which would have prevented the birth of a child with significant limitations and the need for a life time of care, may give rise to a potential claim for medical malpractice.

Connecticut law is quite strict and burdensome, requiring that any such claim be initiated within two years of the occurrence or discovery of the occurrence. (MEDICAL MALPRACTICE-STATUTE OF LIMITATIONS; Statutes of Limitations - Law Firm Casper & de Toledo L.L.C. Attorneys Stamford, Connecticut).

Unlike many other jurisdictions, Connecticut does not protect the rights of children who may be the victim of medical malpractice by tolling or placing on hold the statute of limitations during all or some part of the child’s minority. Many potential claims are rejected because a parent is led to believe that he/she can wait some significant period of time following the child’s birth before seeking legal advice. This is not the case in a Connecticut medical malpractice case.

Stewart M. Casper
Casper & de Toledo LLC
1458 Bedford St.
Stamford, CT 06905
Tel. (203) 325-8600
Fax (203) 323-5970
Board Certified in Civil Trial Advocacy by the National Board of Trial Advocacy
http://www.casperdetoledo.com
email: scasper@cadetlaw.com