Getting What Is Rightfully Yours

Do You Feel That Your Childbirth Was Mishandled? When To File A Birth Defect Lawsuit

18 November 2020 by Penny Fisher

One of the most challenging experiences in a person's life is when they are expecting a child. This is because the risk of developing health complications is usually higher when one is expecting. Sometimes, the entire pregnancy can go really well, only for complications to arise during the delivery process. When this happens, and your healthy child ends up with defects, it can be very devastating.

In case you are sure that the process could have gone differently if the doctors had acted differently during the delivery process, you can sue them for the birth defect. Here are cases where you are allowed to sue doctors for birth defects and how a competent lawyer will help. 

Defects Caused by Prescription Medication

The Food and Drug Administration is very keen about medication and their interactions in pregnant women. Any medication that might have adverse effects always has contraindications on the packaging. The person attending to you during pregnancy and also before childbirth is supposed to know this. If they knowingly prescribe medications such as selective serotonin reuptake inhibitors, and the child ends up with defects such as anencephaly, heart defects, and abdominal issues, you can sue them. 

The crucial thing is to discuss the particulars of the case with a professional birth defect lawyer to help you determine whether you have a case or not.

Defects Caused by Delivery Room Errors

Another reason why children might end up with birth defects is when the doctors, birth attendants, and other staff in the delivery room make mistakes during the delivery process. If for instance, your baby is being delivered through the cesarean section, and the surgeon makes a mistake and injures the baby's forehead with the scalpel, you can sue them for the physical damage they have caused your child.

However, a lot of factors will determine how the case will go. The most important thing is to prove that your child got a defect because the person responsible did not follow a standard procedure during the operation.

Defects That Happen Due to Complicated Labor

The standard procedure followed when a person is in labor is checking how far they are from delivering, and determining whether they will deliver naturally. In case the nurse makes a wrong call and prolonged labor leads to birth defects, you are allowed to file a lawsuit.

The important thing is to have a competent birth defect lawyer holding your hand during the process. They will help determine if the case is worth pursuing and help you get the best settlement. 

To learn more, reach out to a local birth defect attorney.

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