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Can I File a Lawsuit for a Birth Defect?

Richardson Richardson Boudreaux, PLLC

Birth defects, unlike birth injuries, are typically unavoidable and are usually an abnormality that cannot be prevented, even with proper medical care. However, in some rare cases, some birth defects can be attributed to medical negligence during prenatal care, for which you could file a medical malpractice lawsuit. Of course, determining whether you have a viable case or not can be impossible on your own, which is why it is important to hire skilled legal assistance if you suspect the defect your baby is suffering from was caused by a medical professional’s actions. An experienced attorney will have valuable resources at his or her disposal to ensure that, if your baby’s defect was the result of medical negligence, the responsible party will be held accountable for it.

Causes of Birth Defects

As mentioned above, birth defects are usually a result of genetics. This can be broken down into three categories: single gene defects, chromosomal defects, and multifactorial defects. If your baby’s birth defect was the product of his or her genetics, you would not have a viable birth injury case since these defects are not preventable nor are they result of negligent medical care. There are also environmental factors that can potentially lead to factors that can potentially cause birth defects. Some environmental causes include:

  • Alcohol consumption
  • Prescribed or illegal drug use
  • Infections, such as sexually transmitted diseases
  • Chemicals, pesticides, insecticides, and other toxic substances

In cases where a medical professional prescribed a medication that ultimately resulted in a child’s birth defect, you could have a viable medical malpractice case for which you can pursue fair and just compensation. There are several drugs and chemicals that have been linked to birth defects. Some of the most common ones include:

  • Paxil
  • ACE inhibitors
  • Lithium
  • Warfarin
  • Anticancer drugs
  • Tetracycline
  • Perchloroethylene
  • Accutane
  • Bisphenol A

Additionally, the manufacturer of these and other drugs can potentially be held liable for any resulting birth defects if it is determined that the products are unreasonably dangerous or they lacked a sufficient health warning that stated the risks associated with using their product.

Medical Negligence

Although such cases are rare, if a physician were to fail to provide adequate prenatal care and advice, resulting in birth defects, you would be able to file a medical malpractice claim under these circumstances. To ensure you are able to hold the negligent medical professional liable for your baby’s birth defects, you need to hire an attorney with experience in handling such cases since such legal matters are often very complex.

Experienced Birth Injury Attorneys in Tulsa

If your baby developed a birth defect or sustained a birth injury as a result of negligent medical care, you need to obtain skilled legal counsel as soon as possible to ensure you are able to obtain the fair and just compensation your family needs during this difficult time. At Richardson Richardson Boudreaux, PLLC in Tulsa, our skilled team of birth injury attorneys is dedicated to fighting on behalf of families and their injured children. Backed by over 100 years of collective legal experience, you can trust that your case will be effectively represented by our knowledgeable and compassionate legal team.

You should not have to suffer in silence. Let us be your voice in and out of court.

Get started on your birth injury case today and contact our law firm at (918) 347-6456 to request a free initial case evaluation with one of our attorneys.