We all want our children to be happy and healthy, but sadly some children are born with birth defects or birth injuries. And while some may be genetic or random chance, some birth defects can be caused by medication, the environment, or even a virus. Some birth injuries can be caused my the negligence of doctors, nurses, or other medical personnel.
If a child’s birth defect or injury is the fault of another person or product, parents may consider suing the person or company responsible. Here are some legal tips for birth defects lawsuits:
Without being a lawyer, it may be difficult to know whether you have a valid legal claim or not. And birth defect and birth injury lawsuits can be some of the most complicated to understand. This article will give you a broad overview of birth injury lawsuits, including an explanation of the elements of a negligence case:
- Duty: That a doctor, nurse, or hospital had a duty to care for you and your baby;
- Breach: That medical personnel breached this duty by not providing the established standard of care;
- Causation: That this breach is what caused harm to your baby; and
- Damages: That your baby was injured.
As with any lawsuit, there are time limits for bringing a birth defect lawsuit. The statute of limitations for birth defect cases may vary depending on where you live and the type of lawsuit you are filing. For example, the statute of limitations for a medical malpractice claim (filed against a doctor, hospital, or medical staff for negligence) is generally much shorter than the statute of limitations for a product liability claim (filed against a drug manufacturer for producing a harmful drug).
Sadly, many birth defects have been caused by drugs prescribed to help expecting mothers. Zofran (also marketed as Zuplenz or its generic ondansetron) was designed for preventing nausea and vomiting in cancer patients undergoing chemotherapy but has also been prescribed by some doctors to pregnant women to treat morning sickness.
While the drug had been tested on pregnant animals, it had not been tested on humans, and the drug’s manufacturer, GlaxoSmithKline, pled guilty to pushing the drug to doctors and is currently being sued for not providing adequate warnings to pregnant women about the possible side effects.
If your child was born with a birth defect or was injured during birth, and you are considering a lawsuit, you should consult with an experienced injury attorney near you.