Prenatal genetic testing carries enormous weight. When those tests miss something, or when the results are misread, or when a counselor fails to explain what the findings actually mean, families are left carrying consequences they were never given the chance to prepare for.
If your child has been diagnosed with a serious condition that prenatal testing should have detected, and you’re now asking what your rights are, the answer starts with speaking to New Jersey prenatal genetic testing, screening, and counseling lawsuit and settlement attorneys who understand both the medicine and the law behind these cases.
Call Stark & Stark at 609-896-9060 for a free consultation.
Prenatal genetic testing has advanced significantly over the past several decades. Today, physicians can screen for dozens of serious conditions before a child is born, giving parents the information they need to make meaningful decisions about their pregnancy, their medical options, and their family’s future.
Testing typically happens at several stages and through several methods:
Genetic counselors play a specific role in this process. Their job is to explain what the results mean in plain terms, to walk parents through risk levels and next steps, and to make sure nothing is lost in translation between a lab report and an informed decision.
When any part of this system breaks down, a family can be left without information they had every right to have.
A prenatal genetic negligence lawsuit in New Jersey arises when a medical provider, diagnostic lab, or genetic counselor fails to meet the standard of care. These failures take a number of forms, and they don’t always look the same from case to case.
Some of the most common errors we see include:
The consequences of these failures reach far beyond the medical. A family that didn’t receive accurate information couldn’t plan. They couldn’t weigh their options. They couldn’t prepare for the lifetime of care their child may need, or make decisions they had every legal right to make during the pregnancy.
That loss of informed choice is at the heart of many New Jersey wrongful birth and wrongful life claims.
New Jersey law recognizes two distinct claims that can arise from prenatal genetic testing failures. Both are worth understanding if you’re evaluating your legal options.
A wrongful birth claim is brought by the parents. It seeks compensation for what they have endured and what they will face going forward, because they were denied the ability to make an informed decision during the pregnancy. Recoverable damages often include:
A wrongful life claim is brought on behalf of the child. It’s a distinct legal theory, and New Jersey is one of the few states that permits it. This claim seeks compensation for the extraordinary costs the child will incur over the course of their life because of a condition that could have been detected before birth.
Together, these claims can address the full scope of what a family faces when a preventable diagnostic failure changes the course of their lives.
If you’re not sure which claim applies to your situation, a prenatal genetic screening negligence lawsuit in New Jersey often involves both. Our attorneys can help you sort through what fits your circumstances specifically.
An attorney gives your family a real chance at full accountability because these cases don’t succeed on sympathy alone. They succeed on evidence, expert testimony, and procedural precision, and that takes legal experience to build correctly.
Prenatal genetic testing claims sit where medicine and law overlap. To prove negligence, your attorney needs to show that a provider, lab, or counselor deviated from the accepted standard of care, and that this deviation directly caused your family’s harm.
That’s not a straightforward argument. It requires a thorough review of medical records, lab documentation, and counseling notes, along with input from qualified medical experts who can speak to what should have happened and what didn’t.
From the moment you contact us, we take on the work of building your case so you don’t have to manage it while also caring for your child. That includes:
Medical providers and diagnostic labs carry malpractice insurance, and their insurers assign experienced defense attorneys to these cases from day one.
Families who try to pursue claims without legal representation are at a distinct disadvantage, not because their case lacks merit, but because the process is built around legal advocacy on both sides.
We handle these cases on a contingency fee basis. You pay nothing unless we recover on your behalf. That means cost isn’t a reason to go without representation.
If your child has been diagnosed with a condition that prenatal testing should have caught, the time to act is now. Call Stark & Stark at 609-896-9060 for a free, no-obligation consultation. We’ll listen, assess your situation honestly, and tell you clearly what we think your options are.
New Jersey generally gives injured parties two years from the date they discovered, or reasonably should have discovered, an injury to file a personal injury or medical malpractice claim.
In prenatal genetic testing cases, that clock often starts when the child’s condition is diagnosed, not necessarily at birth.
When the claim belongs to a child, different rules apply. Under New Jersey law, the statute of limitations for a minor’s claim is typically tolled (or paused) until the child turns 18. From that point, the child generally has two years to file, giving them until their 20th birthday.
A wrongful birth claim is the parents’ claim, not the child’s. That means the tolling rules for minors don’t apply to the parents’ portion of the case. Parents typically have two years from the date they knew or should have known that negligent testing or counseling occurred.
Stark & Stark has been practicing law since 1933. Over more than 90 years, our firm has built a reputation grounded in results, integrity, and genuine commitment to the people we represent.
With more than 85 attorneys across offices in New Jersey, Pennsylvania, and New York, we have the depth and resources to take on major medical institutions and their insurers, and we do it regularly.
Twenty-four of our attorneys have been certified by the New Jersey Supreme Court, a credential that reflects demonstrated competence and ethical standing within a specific area of law.
We’re not a referral service. We don’t pass clients along. When you come to us with a prenatal genetic testing claim, our attorneys are invested in its outcome from start to finish. We are tenacious in how we build and present these cases, and we don’t settle for less than what the evidence supports.
Our attorneys handle New Jersey wrongful birth and genetic counseling matters across all 21 counties, appearing in state and federal courts throughout the state. Wherever your case needs to go, we have the experience to take it there.
A valid claim generally requires showing that a medical provider, lab, or counselor failed to meet the accepted standard of care, and that this failure prevented you from receiving accurate information during your pregnancy.
If your child has been diagnosed with a condition that prenatal testing should have detected, or if you received incorrect counseling that affected your decisions, those facts are worth reviewing with an attorney.
A wrongful birth claim is filed by the parents and seeks compensation for what they have experienced and will continue to face. A wrongful life claim is filed on behalf of the child and seeks recovery for the extraordinary costs associated with their condition over their lifetime. New Jersey is one of a limited number of states that allows both types of claims, which is an important distinction when evaluating what your family may be able to recover.
Timelines vary depending on the complexity of the case, the number of defendants, and whether the matter resolves through settlement or proceeds to trial. Some cases resolve within one to two years; others take longer. We keep you informed throughout the process so you always know where things stand.
No upfront costs, and no fees unless we recover on your behalf. We handle these cases on a contingency basis, which means our interests are aligned with yours from the beginning.
Your child’s diagnosis has already changed the course of your family’s life. What you do next can shape what’s possible going forward. If your family received inadequate prenatal genetic testing, inaccurate results, or counseling that fell short of what you needed to make an informed decision, Stark & Stark wants to hear your story.
We’ve been standing behind New Jersey families in difficult legal matters for more than 90 years. Our attorneys are prepared, persistent, and focused on getting you the strongest outcome the facts of your case support.
Call us today at 609-896-9060 for a free, confidential consultation. There’s no obligation, and speaking with us costs you nothing. Don’t delay, because deadlines under New Jersey law may limit how long you have to act.
Past results do not guarantee a similar outcome. Each case is unique and results will vary based on the specific facts and legal circumstances involved.
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