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Mother sues for failure to diagnose birth defect

All most Oregon parents want is to know that their baby is born healthy, including fingers, toes and other body parts. Sadly, some parents are not given this gift, and their children are born with birth defects. In many cases, a birth defect can be corrected quickly unless a failure to diagnose occurs and treatment, including corrective surgery, is delayed.

A mother claims that, back in 2008, her doctor failed to diagnose that her daughter was born with an imperforate anus. A child's anus (the opening through with stools exit the body) does not form in utero in this congenital condition. As Oregon readers can easily surmise, this is undoubtedly a serious issue. It was not reported when the child underwent a procedure to resolve the issue or what permanent injuries might plague her for the rest of her life.

Since the condition was not diagnosed right away, it was also not treated at that time. The Illinois woman claims that her daughter has suffered a great deal of pain because of it. She further alleges in her lawsuit against the doctor and The Center for Women Ltd. that her daughter is unable to enjoy her life and suffers from emotional distress.

Most parents who discover that their children suffered unnecessarily due to a failure to diagnose a condition in a timely manner might also file a medical malpractice claim seeking damages for their children's suffering. If the evidence establishes that negligence occurred, the court might award those damages. Any restitution the parents receive could be used for any current and future medical needs the child may have due to a medical mistake.

Source: cookcountyrecord.com, "Mother sues over daughter's medical care", Ruel Reyes, March 11, 2016

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