Birth Defects

Having a child with birth defects can change the expectations you have for your growing family. Your child may need special support in school to address developmental delays. Your child may need specialized medical care and mobility devices. Some birth defects are temporary, but many are permanent.

Children can live long, happy, healthy lives despite birth defects. However, when your child’s birth defect was caused by negligent medical care, the hospital should have to pay for your expenses. Birth defects cases are not like other medical malpractice cases. An experienced birth defect attorney can explain your options and help you through the legal process.

What Causes Birth Defects?

Birth defects are structural changes or conditions present when the child is born. Birth defects can happen anytime during the pregnancy, but most occur within the first trimester. The first three months of pregnancy can be the most critical for a developing baby when the baby’s vital organs are forming.

Birth defects have many possible causes, including environmental factors, genetic makeup, and behavior. Possible causes of birth defects include:

• Older age
• Inherited genetic malformations or impairments such as cleft lip or cleft palate
• Smoking during pregnancy
• Inhalation of harmful pesticides
• Taking certain drugs and medication during pregnancy
• Drinking alcohol during pregnancy
• Certain developmental disabilities and impairments
• Common public health concerns such as illness or infection

What Are Common Types of Birth Defects?

There are many different types of birth defects, but some of the most common are related to genetic disorders. Screening tests are a standard part of medical care for pregnant patients. This includes first-trimester screening, DNA screening, second-trimester screening, and ultrasounds.

Screening ultrasounds and blood tests look for abnormal findings that could indicate chromosomal abnormalities. Chromosomal defects and other types of birth injuries include:

• Heart defects
• Neural tube defects
• Cystic fibrosis
• Tay-Sachs disease
• Sickle cell disease
• Down syndrome
• Spina bifida
• Cerebral palsy
• Erb’s palsy

Are Doctors Responsible for Birth Defects?

Some cases of birth defects are caused by medical malpractice. Birth injury claims also include medical malpractice during the birthing process. Some of the ways a medical mistake could be liable for your child’s birth defects include:

• The doctor prescribed a drug with adverse effects for pregnant patients
• The medical provider failed to order a genetic test against the medical standards of care
• Obstetrician failed to properly treat an infection that caused the birth defect
• Healthcare professional’s failure to order screening or prenatal testing
• Forceps causing brain damage or fetal distress during delivery

Medical malpractice is medical negligence by doctors or healthcare providers. When a medical professional’s negligence is responsible for your baby’s birth defects, they may be liable for damages. To prove a medical malpractice claim, you have to show:

• Your doctor owed you a duty of care;
• The doctor deviated from the medical standard of care;
• The healthcare provider’s breach caused your baby’s birth defects; and
• Your baby suffered injury or harm as a result.

When Do Defective Drugs Cause Birth Defects?

Some dangerous drug interactions carry risk factors responsible for causing birth defects. One of the most well-known cases of a prescription drug recall related to birth defects was Thalidomide. Thalidomide was prescribed in the 1950s as a sedative. It was later given to pregnant women for morning sickness. However, in 1961, the drug was found to cause severe birth defects.

When a dangerous drug causes serious injuries, the injury victim can file a product liability lawsuit. You can file a product defect case involving dangerous medications against the drug manufacturer, distributor, or seller. This includes drugs sold without a proper warning, manufacturing defects, or defectively designed drugs.

Medications are one of the more common product-liability issues related to birth defects. Drug manufacturers have to carefully design, test, manufacture, and market their products to ensure they’re safe for pregnant people. Pregnant patients should be informed of any potential risks and side effects. Drug companies can be liable for financial damages if the medication has side effects that cause birth defects.

How Much Can You Receive in a Birth Defect Lawsuit?

Damages in a child’s birth defect case can be significant. It takes a lot of money to provide care for a child born with a birth defect. A child may require continuous medical care for the rest of their lives. The party responsible for your child’s injuries should be liable for paying for the costs.

Damages in a birth defect lawsuit can include:

• Medical treatment bills
• Future medical care
• Loss of quality of life
• Pain and suffering
• Emotional distress
• Special needs education
• Long-term care

How Do I File a Lawsuit for Birth Defects?

If your baby was born with birth defects caused by someone else’s actions, they may owe you financial compensation. Compensation by the insurance company can help you pay for medical expenses, in-home care, and physical therapy for your child. You may need to file a preventable birth injury lawsuit to recover compensation. In some cases, you may be able to negotiate a personal injury settlement before going to trial.

Proving fault in cases like these can be tricky. An experienced birth injury lawyer understands what you must prove to recover damages. A birth injury attorney can find the right medical experts to show how your child was injured by the defendant’s negligence. For legal advice in birth injury cases, talk to an experienced birth defect malpractice lawyer.