Several different types of cognitive-developmental disabilities can result from birth injuries. These injuries can leave your baby with a lifetime of challenges. If the birth of your baby was complicated by an injury, we can help you gather the medical evidence you need to support a medical malpractice case.
Call the Birth Injury Lawyers Group at 1-800-222-9529 for a free consultation. The lawyers on our team will help you determine liability against the health care professionals and any negligence or errors that may have contributed to your baby’s injuries.
For a free legal consultation, call 1-800-222-9529
Cognitive Developmental Disabilities Due to Birth Injuries Lawsuits & Injury Cases
If your baby was injured during their delivery, you may have a medical malpractice claim against the doctors and other health care professionals who were present at your delivery.
If your doctor’s failure to uphold an acceptable standard of care caused or contributed to your infant’s cognitive developmental disabilities, you are entitled to file a lawsuit for recoverable damages. Your claim can include economic and noneconomic damages.
A birth injury lawyer can help you build a solid case and meet the filing deadlines for your state. Your lawyer will help you define your damages and hold the individuals and institution responsible for birth injuries to your child and for the care they need now and will need in the future.
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Cognitive Developmental Disabilities Due to Birth Injuries Types
Cognitive developmental disabilities due to birth injuries can take on a variety of forms. Your child might suffer from:
- Cerebral palsy
- Underdeveloped fine motor skills
- Late language development
- Impaired learning abilities
- ADHD (Attention Deficit Hyper Disorder)/Attention Deficit Disorder (ADD)
- Asperger’s syndrome
Cognitive Developmental Disabilities Due to Birth Injuries Causes
Birth injuries can result from medical negligence or by your baby having been deprived of oxygen for as little as a single minute during their birth. They can also result from vacuum extractions, the use of forceps, or skull fractures during extremely difficult deliveries.
Cognitive Developmental Disabilities Due to Birth Injuries Symptoms
Do you suspect your child of having suffered from cognitive developmental disabilities due to a birth injury? Some of the signs and symptoms you may notice are:
- Trouble crawling, walking, or sitting up
- Learning to talk later than other children
- Trouble with problem-solving or thinking logically
Cognitive Developmental Disabilities Due to Birth Injuries Diagnosis and Treatment
The first step to getting the medical and therapeutic treatment your baby needs is a proper medical diagnosis. Your baby may need to undergo a series of cognitive tests and exams that may include IQ tests, infant developmental assessments, and tests for adaptive functions. Children with a cognitive-developmental disability will require medical, vision, hearing, blood, and other lab tests as well.
Treatment will vary according to their final diagnosis but will probably include physical therapy, chronic medical prescriptions, occupational therapy, and specialized educational therapy.
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Cognitive Developmental Disabilities Due to Birth Injuries Frequently Asked Questions
How Do I Know If My Baby Has Cognitive Developmental Disabilities Due to Birth Injuries?
If your child has cognitive developmental disabilities due to birth injuries, you need to seek medical care to receive a proper diagnosis. You may notice your child is not progressing as quickly as other children. Toddlers and older children might have learning disabilities, display speech delays, or have social and communication issues.
Can Cognitive Developmental Disabilities Due to Birth Injuries Be Fatal?
Cognitive developmental disabilities like cerebral palsy are rarely fatal but might leave your child requiring a lifetime of specialized care. Their life expectancy can be determined by the quality of their treatment and their family’s financial ability to provide the best possible medical and therapeutic services.
Who Is Liable For Cognitive Developmental Disabilities Due to Birth Injuries?
When you go to the hospital to deliver your baby, you are entitled to safe, medically responsible care. If your baby suffered a birth injury that resulted in a cognitive-developmental disability like cerebral palsy, we will help you hold your health care team and facility responsible for their role in your child’s injury.
If you did not receive the acceptable standard of care or a member of the hospital’s staff was negligent, we can help you recover economic and noneconomic damages. Our attorneys will help you compile the documentation, expert witnesses, and other evidence you need to file a medical malpractice claim.
What Is The Statute of Limitations For Cognitive Developmental Disabilities Due to Birth Injuries?
The statute of limitations–the time you have from the time of the injury until you can no longer file a lawsuit-varies depending on the laws of your state.
In cases where a minor is the plaintiff in a lawsuit, the law allows for the tolling of minors. That means the clock stops running until your child reaches the age of eighteen. On their eighteenth birthday, however, the clock starts again.
The courts also impose a statute of repose. The statute of repose is the absolute deadline for your lawsuit. When you call the Birth Injury Lawyers Group at 1-800-222-9529, your lawyer will help you present a fully researched and documented claim that meets all applicable timelines.
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Cognitive Developmental Disabilities Due to Birth Injuries Glossary Terms
- What is Autism?
Autism is a developmental disorder characterized by difficulty with communication and social interactions. It often results in repetitive patterns of thought and behavior and is typically diagnosed by the time a child reaches their toddler years.
- What is Down Syndrome?
Down Syndrome is a congenital disorder caused by the presence of an extra chromosome. It results in cognitive and intellectual impairments. Down syndrome is also accompanied by physical anomalies such as short stature, a broad face, and almond-shaped eyes.
- What is Cerebral Palsy?
Cerebral Palsy is a range of cognitive disorders that result in diminished muscle coordination and control. It often causes brain damage and a lack of motor control.
Cognitive Developmental Disabilities Due to Birth Injuries News
Premature Birth Rate Has Failed To Decline For Decades
Obstetricians are reporting that they are frustrated over premature birth rates in the United States. While they haven’t increased for decades, they show no signs of decreasing either, despite medical advances. The Spokane Journal of Business reports.
Last November, the March of Dimes released a preterm birth rate report card for different regions of the country. For the Washington area, the rates haven’t changed much in 20 years.
A preterm birth is a birth that happens before 37 weeks of gestation. Premature birth raises the risks of many birth injuries and developmental delays, depending on how premature the birth is. The costs for handling a premature birth can be far higher than those of a normal birth.
Many of the risk factors for a premature birth can’t be controlled, like race and age. But things like smoking, high blood pressure, diabetes, and drug use can cause premature birth.
Doctors do not know how labor is precisely triggered. Once labor starts, the baby will come. Fortunately, there are many treatments doctors can use to stabilize babies that are born prematurely, and there are tests right now to see if a progesterone prescription will lower the chances of a premature birth.
However, until this can be proven, the best prevention for a premature birth is to have a healthy life. Even that is no guarantee.
Medication Birth Defects
Some medications increase the risk of birth defects, while others have unknown risks for pregnant women and their developing babies. Your doctor should understand the risks of these medications and avoid them when possible. Failure to adequately weigh the risks may be grounds for a birth injury medication birth defects case.
If your child was born with congenital abnormalities you believe may be linked to a medication prescribed to the mother, reach out to the Birth Injury Lawyers Group today. Call (800) 263-6622 and you will be connected with a birth injury lawyer for medication birth defects who handles this type of case in your state.
SOME MEDICATIONS CAN CAUSE LIFELONG DISABILITIES AND EVEN INFANT DEATH
The U.S. Food and Drug Administration has worked for more than 40 years to establish a clear system that mothers can use to understand the potential of a particular medication to cause birth defects if taken during pregnancy. Still, it is often up to doctors to make this decision, recommending mothers continue taking medications, approving over-the-counter medications, or prescribing new ones.
If a mother takes a medication that has the potential to cause birth defects, there is a chance of complications that may include:
- Physical or cognitive abnormalities
- Pregnancy loss
- Infant death
- Developmental disabilities.
MEDICATION BIRTH DEFECTS MAY SUPPORT A BIRTH INJURY CLAIM OR LAWSUIT
If a doctor prescribed or recommended a medication known to pose a risk to a developing fetus to a pregnant woman, this may be medical malpractice. Your attorney will need to review the facts of your case to determine if you are eligible to pursue compensation through a medical malpractice claim or birth injury lawsuit.
The recoverable damages in a medication birth defects case depend on the type of congenital abnormality your child has and how severely it affects their life. Some general types of damages you may be able to recover include:
- Past and future medical treatment costs
- Ongoing care costs
- Related out-of-pocket and other expenses
- Pain and suffering damages
Each state has its own statute of limitations and other laws that pertain to how long you have to take legal action in your case. Your birth injury lawyer for medication birth defects will be able to tell you how the laws in your state apply to your case and when you need to file a lawsuit, but it is important that you talk to them before this deadline passes. You are encouraged to reach out as soon as possible for this reason.
Any doctor who knows about your pregnancy and prescribes or recommends harmful drugs must fully warn you about the risks or prescribe an alternative medication. This may include your dentist, a mental health care provider, your ob-gyn, and your general practitioner. Failure to do so could result in injuries to your baby and be grounds for a medical malpractice lawsuit.
If your child suffered medication birth defects or you had other complications related to a medication you took during pregnancy, the Birth Injury Lawyers Group can help you with a free case review. Call (800) 263-6622 now to schedule an appointment with a lawyer today.
MANY MEDICATIONS POSE A DANGER TO A DEVELOPING FETUS
Some over the counter and prescription medications can cause complications, birth defects, loss of the pregnancy, and stillbirth. Pregnant women must carefully monitor all over the counter medications they take, and their doctors should help them understand the risks of any prescribed drugs. These over the counter medications include:
- Pain relievers
- Cold and allergy medicines
- Stomach and heartburn remedies
- Herbal products
Some particularly dangerous drugs include:
- Selective serotonin reuptake inhibitors (SSRIs)
- Benzodiazepines such as Ativan, Valium, Xanax, and Klonopin
- Valproic acid to treat seizures and some mental health conditions
- Accutane, an acne medication with a very high risk of severe birth defects
If you are already on one of these drugs, it is important to discuss it with your doctor as soon as you learn you are pregnant. In some cases, it may be safer for you and your baby to remain on the medication than to stop it suddenly. In addition, many other medications can affect the baby’s development in utero. Your doctor should have a list of the medications you take and advise you on what to avoid.
MEDICATIONS CAN CAUSE A WIDE RANGE OF BIRTH DEFECTS AND COMPLICATIONS
The complications or birth defects that may develop, depend on the type of medication. They can vary widely, and many other factors may play a role. For example, taking ibuprofen late in pregnancy can cause a complication known as premature closure of the ductus arteriosus that may cause the baby to suffer pulmonary hypertension.
Antidepressants also can create adverse conditions. Taking valproic acid for seizures and bipolar disorder early in pregnancy, sometimes even before the woman knows she is pregnant, can greatly increase the risk of neural tube defects, such as spina bifida. As many as 10% of these babies may develop a birth defect as a result of this medication.
Other conditions that may be related to medication include:
- Persistent pulmonary hypertension of the infant (PPHN)
- Limb abnormalities
- Cleft lip and/or palate
- Congenital heart defects
- Eye or ear abnormalities
- Facial dysmorphism
- Intellectual disabilities
If your child was born with a birth defect and you have questions about whether a medication your doctor prescribed or approved may have played a role, call the Birth Injury Lawyers Group at (800) 263-6622. We offer a free initial consultation and can evaluate the strength of your case during your call.
Birth Injury Medication
There are several medications available for mothers to take during labor. While these drugs can help mask the pain of labor, they can have many negative effects if they are negligently administered.
Examples of Medications Available for Laboring Mothers
- Epidurals: an injection into the spine which numbs the patient’s lower body, but they remain awake.
- Spinal block: spinal injection with more strength than that of an epidural.
- Combined: a combination of an epidural injection with other forms of pain reliever.
- Systemic and local analgesia: injections used for pain relief in certain situations.
- Opiate-based drugs: drugs such as Stadol, Morphine, Fentanyl, Demerol, and Nubain which may be injected via a push-button injection system that the patient can control themselves.
How Medication Injuries Occur
The medical professionals whom we trust to prescribe birth medication can and do commit errors in some cases which can lead to injuring patients. Two birth medication errors that can be made are prescription errors and dosage errors. A prescription error usually occurs when a doctor writes a prescription for the wrong drug.
This can happen when a prescribing physician is unaware of a patient’s intolerance for a specific drug. The prescribed drug may conflict with another drug that the patient had been taking before the birth began or the patient may be allergic or otherwise biologically intolerant of the birth medication. Doctors have a duty to ask patients this information before administering potentially harmful birth medication.
Dosage errors can also occur when the prescriber or administer recommends or mistakenly gives a patient an inappropriate dosage of a medication which can harm them. For example, an administering nurse may be unable to read a physician’s handwriting on a prescription pad and fail to confirm the correct dosage amount before administering an incorrect dosage. An inappropriate dose of medication can cause harm to mother and baby if the dosage is too far above the recommended appropriate dosage for any individual patient.
When these situations happen, the baby, the mother, or both may sustain injuries. A medication error at birth can also cause the death of the mother and baby. One of the leading causes of infant mortality is maternal complications of pregnancy. Depending on the circumstances of your birth medication injury, you may be able to recover compensation from the doctor or medical professional who committed the medication error and the facility in which the error was committed.
Some of the birth defects which can result from medication errors include:
- Disfigured limbs
- Cleft palate: split roof of the mouth
- Cleft lip: split upper lip area
- Heart defects
- Spina bifida: deformity of the spinal cord
- Craniosynostosis: fusion of skull plates too early causing abnormal brain and skull growth
- Neural tube abnormalities
WORKING WITH A BIRTH INJURY ATTORNEY ON YOUR MEDICATION BIRTH DEFECTS MEDICAL MALPRACTICE CASE
Most birth injury attorneys offer free case reviews and initial consultations to families whose children were born with serious birth defects. They will review the facts of the child’s case, identify the potentially liable parties, and help the parents understand the strength of the case.
If they decide to work together to pursue compensation, the attorney can explain how the medical malpractice claims process works in your state and represent the family’s best interests throughout the process.
Many medical malpractice attorneys handle birth injury cases on a contingency basis. The families pay nothing out of pocket and owe nothing unless the attorneys recover a payout on their behalf.
What Are Medication Birth Defects?
Some prescribed medications can lead to birth defects and developmental disabilities as your child grows. They have also been known to cause pregnancy loss, prematurity, or fetal or infant death. As many as 90% of pregnant women are faced with the decision to start or continue certain medications. Because many medications are not considered safe during pregnancy, this decision is usually based on the advice of a medical professional, including physicians, OBYNs, and midwives.
Talk to your doctor about the possible harmful effects of any medications you were taking before discovering your pregnancy. You should also ask questions about how any medications he prescribes might affect your current pregnancy. Potentially dangerous medications include:
- ADHD medication
There is a link between selected medications and birth defects like neural tube defects and a variety of other serious conditions.
If your child was born with a birth defect, and you believe it resulted from a medication you were prescribed during your pregnancy, you may be able to file a medication birth defect lawsuit.
Medication Malpractice Lawyer
A birth injury can be a frightening experience for you and your child. In many cases, birth injuries require specialized medications. In those cases, a medication error means any preventable mistake that occurs during the process of your infant receiving that medication. The World Journal of Clinical Pediatrics reports that a medication error can consist of the original medication order as well as the transcribing, dispensing, administering, and monitoring of that medication. Pediatric populations are the most vulnerable to “serious and sometimes fatal adverse drug effects” that can lead to damage or harm to your son or daughter.
If your child is experiencing this adverse reaction a prescribed medication, you may qualify to take legal action. A birth injury lawyer for infant medication malpractice can help you build your case. Fill out our short form or call the Birth Injury Lawyers Group at 1-844-908-0346 to discuss your legal and financial options with an attorney in your state.
YOUR ATTORNEY CAN HELP YOU BUILD A COMPREHENSIVE CASE
Building a complete and comprehensive legal case is a time-consuming and complicated process—especially when you try to do it on your own. A lawyer can play a significant and important role in supporting your case. A birth injury lawyer for infant medication malpractice can help you build a solid case by defining the next steps, explaining important legal terminology, and gathering vital legal and medical evidence.
Speak to an attorney near you to discuss the merits of your case and your potential for financial recovery that can help you manage the costs of your son or daughter’s current and ongoing medical expenses. Call the Birth Injury Lawyers Group at 1-844-908-0346 or fill out our short form for help from an attorney in your area.
Assigning Liability in Your Infant Medication Malpractice Lawsuit
Doctors, nurses, and other medical professionals are required to meet an acceptable standard of care when treating your child. If that standard of care was not met and your child suffered from medication errors, you might have the basis for a legal claim against the medical staff. Your attorney can help you assign liability and hold the right people responsible for the role they played in your child’s current condition.
Medication errors are a serious—sometimes, life-threatening—matter. A birth injury lawyer for infant medication malpractice can help bolster your case with evidence and strict adherence to the laws of your state. They can also help you understand and meet the statute of limitations in your state and other important timelines, regulations, and guidelines that apply to your case.
Call 1-800-222-9529 for Help Seeking Compensation for Cognitive Developmental Disabilities Due to Birth Injuries
If your child has autism, cerebral palsy, or other cognitive developmental disabilities due to birth injuries, call the Birth Injury Lawyers Group at 1-800-222-9529. Your lawyer will discuss your case and help you understand each step along the road to financial recovery.
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