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) 222-9529 now to schedule an appointment with a lawyer today.
For a free legal consultation, call 1-800-222-9529
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.
Birth Injury Lawyer Near Me 1-800-222-9529
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) 222-9529. We offer a free initial consultation and can evaluate the strength of your case during your call.
Building a Case to Pursue Compensation Based on Your Child’s Medication Birth Defects
If your child suffered medication birth defects, your case may support a medical malpractice lawsuit. Some of the ways this may occur include:
- If your doctor prescribed a medication that can cause birth defects
- If your doctor failed to warn you about possible birth defects related to medications you already take
- If your doctor recommended over-the-counter medications that increase the risk of birth defects
Proving a medical malpractice case may require your birth injury attorney to collect a wealth of evidence to show the acceptable standard of care and how your doctor deviated from that standard of care, committing medical negligence.
Building this type of case may rely on a medical expert witness, and many states require an affidavit from a medical expert before you can proceed with legal action. Your attorney can help you identify this expert, collect a deposition, and provide the court with the necessary affidavit.
Your attorney will also need to document the economic and noneconomic losses your family suffered as a result of your child’s birth defects. This may include:
- Past and future medical care costs
- Ongoing care costs
- Out-of-pocket expenses related to their condition or treatment
- Pain and suffering and other noneconomic damages
Each state has its own deadline for filing a medical malpractice case, so it is important you discuss time limits on taking legal action with your attorney, as well. Some states do allow families to toll this statute of limitations for birth injury cases, since it may be several years before the full impact of the child’s condition is fully understood.
Complete a Free Case Evaluation form now
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.
Talk to a Birth Injury Lawyer About Your Case Today
If your child was born with a birth defect and you believe it may be related to a medication taken during pregnancy, you may want to schedule a free case review with a birth injury attorney as soon as possible. At Birth Injury Lawyers Group, our medical malpractice attorneys regularly take on birth injury cases.
Call us now at (800) 222-9529 to get started.