Personal injury attorneys may take cases involving birth defects or
birth injuries. However, there are differences between these two terms. A birth defect
is a physical, mental or biochemical abnormality. Birth defects can be
hereditary or caused by environmental factors during pregnancy. Taking
certain medications during pregnancy could cause birth defects. Birth
injuries may refer to physical trauma or medical neglect that occurs shortly
before, during or directly after birth.
What are the consequences of a birth injury or birth defect? It depends.
Birth injuries may cause cerebral palsy, Erb’s palsy or brachial
palsy. In rare cases, a newborn can suffer a spinal cord injury during
the birthing process. Birth defects could include cleft lip, heart defects,
limb abnormalities or neural tube defects.
Can I File a Birth Defect or Birth Injury Lawsuit?
There are cases where it is possible to file a lawsuit for a birth defect
or birth injury. For instance, Depakote may be linked to higher rates
of spina bifida if taken during pregnancy. Spina bifida is a neural tube
defect where the spinal column does not close completely. Mothers who
took Depakote during pregnancy and delivered children with spina bifida
have filed lawsuits against Abbott Laboratories, the drug’s manufacturer.
Birth injuries may be caused by medical mistakes. The improper use of forceps
or vacuum extractors may cause a birth injury. Newborns can suffer brain
damage if they are not treated for severe jaundice. These are cases where
medical malpractice may have occurred.
If your child suffered a birth injury or defect, your ability to recover
damages would depend on the circumstances. An attorney could investigate
your situation to help you determine whether you would be eligible to
seek damages. In many cases, the party responsible for a birth injury
or defect has access to considerable financial and legal resources.
Washington DC birth injury lawyers at Regan Zambri Long PLLC have a
proven record of helping families affected by medical negligence. You could speak with
one of our attorneys during a free consultation to discover whether you
have legal options to seek damages.