Birth injuries are scary for both the parents and the baby involved. The most common birth injuries happen during the actual birthing process. In some instances, a birth injury can occur during the pregnancy if the mother was taking prescription drugs. These claims are typically filed against the doctor, pharmacy and pharmaceutical company.
Birth injury claims against the aforementioned entities typically occur because the plaintiff claims that the defendants failed to warn the mother about the risk associated with taking the prescription drug involved. If a birth injury claim involves a legally prescribed drug during pregnancy, you will need to prove the following in order to win:
-- Use of the drug occurred during the mother's pregnancy
-- The use of the drug was prescribed by the mother's physician, pharmacist or other type of health care provider
-- It is unlikely that the birth injury suffered is not due to genetics, disease, heredity or some other factor
-- The drug that was prescribed can cause birth defects
-- The drug that was prescribed actually caused the birth injury
Should a child suffer a birth injury that causes harm, damages could be awarded to the child. The damages are usually put into a trust for the child. The damages that can be awarded to a child who has suffered a birth injury include pain and suffering, medical expenses and loss of future earning capacity.
When a child is born with a birth defect, the parent of the child can also file a medical malpractice claim against the doctor and the hospital where the delivery took place. The parent might also be able to file a lawsuit seeking damages for the stress associated with giving birth to a baby with injuries.
Birth injuries are frightening for all involved. If you gave birth to a child that suffered injuries during or before birth, an experienced medical malpractice attorney in Tucson, Arizona, can answer your questions and explain your rights.
Source: FindLaw, "Birth Injury Overview," accessed May 11, 2017