A birth defect lawsuit is a legal action that seeks to compensate the family of a child who is born with birth defects. The legal action will be successful if it can be shown that someone caused the child’s birth defects. These lawsuits tend to be emotionally taxing for all parties involved as well.
What Are Some Types of Birth Defects?
There is no specific type of birth defect that automatically gives rise to legal action. However, common types of birth defects include:
- Cerebral Palsy
- Cerebral Hypoxia, or oxygen deprivation
- Cleft Lip and Cleft Palate
- Spina Bifida
- Erb’s Palsy
- Brachial Plexus Dysfunction
- Congenital Heart Defect
- Mental Retardation
If a child suffers from one or more of these conditions, it is possible that the condition was partly caused by the carelessness of a third party. It is worth noting that some of the above may be the result of birth injuries. Although the difference between a birth defect and a birth injury may seem minor, the distinction can play a big role in litigation.
What Are Some Issues with Birth Defect Lawsuits?
Birth defect lawsuits can be incredibly complex and involve thousands of injured families and several different parties. Generally, many birth defect lawsuits are based around the following:
- Negligence: Negligence is the failure to use the amount of care that?@an ordinary person would use in similar circumstances. Unlike most areas of the law, negligence does not require someone to act directly. Rather, negligence lawsuits hinge of the idea that someone was not careful enough or failed to appreciate a risk. With respect to birth defect lawsuits, it is possible that several parties may have been negligent. For example, a doctor may act negligently in prescribing the wrong dosage, a hospital may be negligent in hiring and failing to properly train staff, and a drug company may be negligent in the research and manufacture of their drugs.
- Product Defect: Product defects refer to a poorly manufactured drug or product. A product is also considered defective if it fails to warn a user of certain risks. Similar to negligence, a defective product may not necessarily indicate a specific intent to do wrong, but rather failing to take adequate steps to do or make something reasonably safe. With respect to birth defect lawsuits, these types of claims tend to focus on drugs or other medical devices used during the birthing process.
Should I Hire a Lawyer?
Birth defect lawsuits are quite complex and emotionally exhausting. If your child has been born with a disorder and you suspect it may have been the result of mistakes made by the hospital, medical staff, or drug companies, you should consider speaking with a personal injury lawyer. The birthing process is not an exact science, and unfortunately mistakes can be made without the fault of anyone.