Few things are as exciting as welcoming a child into the world. Unfortunately, a birth defect can cast a shadow over the birth of a child. Birth defects come in many different forms. All defects have the potential to create lasting medical problems as an infant ages.
There are some situations where a birth defect could have been prevented with proper care. Parents may be eligible to file a birth defect lawsuit to gain access to financial compensation that will help cover future medical expenses.
You should take the time to become familiar with birth defect lawsuits so that you will be prepared to file one if the need arises.
Legal Liability in Birth Defect Lawsuits
The first thing that must happen when you want to file a birth defect lawsuit is an evaluation of the defect your child exhibits. Most defects that are present in infants are the result of a genetic abnormality.
Genetic defects typically have no associated legal liability. The exception would be if your doctor failed to use reasonable caution in treating you throughout your pregnancy, resulting in a failure to catch a genetic birth defect early.
An experienced attorney will be able to help you determine if genetics or some other unknown variable caused your child's birth defect so that you can determine if you have legal standing for a lawsuit.
Environmental Causes of Birth Defects
A lawsuit is usually an option when environmental factors caused a child's birth defect. Some of these factors can include the use of certain prescription medications, exposure to toxic chemicals or pesticides, and the ingestion of certain foods or drinks.
In order for an environmental factor to warrant a lawsuit, your attorney must be able to prove that negligence played a role in the development of a birth defect.
Drug manufacturers are required to disclose side effects associated with prescription medications. If birth defects are not listed, but your attorney can prove the drug manufacturer knew birth defects were a potential side effect, you can establish legal liability for your lawsuit.
Medical Negligence and Birth Defects
Some birth defects are the result of improper prenatal care. Your doctor has an obligation to provide you with advice and medical care that will prevent any avoidable birth defects. If you feel your doctor was negligent in performing these duties, you could file a birth defect lawsuit against him or her.
An attorney will be able to help you build a medical negligence case that will prove your doctor is partly to blame for your child's birth defect. For more information, reach out to a birth defect attorney.