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Marion County Indianapolis Birth Defects lawyers
The birth of a child is often the most joyous time in a parent's life, and thankfully most child deliveries go smoothly, with any difficulties overcome. Unfortunately, complications can arise during both pregnancy and delivery and these problems may result in temporary or permanent injury to the baby. Sometimes "avoidable" harm occurs. If your child was injured at birth, consult an attorney to learn your rights to compensation. A attorney experienced in birth injury litigation can help you learn what your rights are.
If you need a Birth Defect attorney, contact our Indianapolis Birth Defect lawyers now!
Birth Defects
While birth injuries are generally caused by something that went wrong during the delivery process itself, birth defects involve harm to a baby that arose prior to birth, usually caused by something that happened during or before the mother's pregnancy. Estimates are that 7% of all babies are born with a birth defect or irregularity, from very minor to severe.
Birth defects can be caused by a number of factors, including heredity and environment (such as a mother's prescribed or illegal drug use). A chemical or agent that causes birth defects in a child is called a "teratogen." A number of drugs have been found to be teratogens, and many of these were initially meant to aid a woman's pregnancy. These teratogens include: Delalutin, a drug administered to pregnant women for the prevention of miscarriages; Bendectin, a medication given to pregnant women, to fight nausea; and Ortho-Gyno, a spermicide.
It is important to remember that the causes of many birth defects are unknown, and in other cases a birth defect can be caused by the mother's own actions during pregnancy, such as alcohol or drug consumption. In these instances your rights to a legal recovery for birth defect (or injury) may be non-existent or extremely limited.
Proving Your Case
No matter what the particular facts of your case happen to be, in order to recover for birth defect (or injury) you will likely need to show that medical providers and/or a pharmaceutical company failed to give you or your baby adequate medical care or medication advice during pregnancy and/or delivery.
Generally, to find a medical professional legally at fault, it must be shown that his or her conduct fell below a generally accepted standard of medical care. To establish the standard that will be applied, your attorney will most likely consult with and present the testimony of another medical expert, who is qualified in the same area of medicine as the defendant. This expert will indicate what standard or level of care is commonly met by those recognized in the profession as being competent and qualified to practice. Your attorney will present expert testimony not only as to the applicable standard of care, but also testimony establishing that the defendant failed to meet this standard in your case.
In medical malpractice actions, causation is sometimes a challenge to establish. Specifically, your attorney must show that your health care provider's deviation from the applicable standard of care resulted in his or her injury. This is challenging because sometimes, the health care provider's deviation from the standard of care may not have caused the plaintiff's eventual injury, and vice versa.
Let's take a look at some of the specific aspects of the two main types of birth defect (or injury) lawsuits.
Elements Of A Claim - Caregiver's Malpractice
If you bring a lawsuit against your obstetrician, other caregivers, and/or a medical facility for birth defects (or injuries) to your child, it will be your attorney's responsibility to show that:
- Defendant (which can include an obstetrician, physician, nurse, medical facility, pharmaceutical company, medical device manufacturer) owed a legal duty or standard of care to your baby (and to you, in some cases);
- Defendant breached that legal duty or standard of care by acting or failing to act in a manner in which a reasonably competent individual would have, under the circumstances;
- Defendant's breach of the legal duty or standard of care caused harm to your baby (and to you, in some instances).
In order to establish that birth injuries were caused by the defendant(s), your attorney will most likely use expert witnesses to comment on and interpret complex medical procedures and issues in your case, including: what to expect during a normal pregnancy and delivery; what could have been expected during the pregnancy in your case; what actually occurred during the pregnancy in your case, including specific description of any complication during pregnancy or delivery; physical and medical evidence of harm to the baby; opinion as to whether harm resulted from complication during pregnancy or delivery.
Elements Of A Claim - Mother's Use Of Prescribed Drug
Your claim for birth defect (or injury) may be based not on complications during delivery, but on the mother's use of a prescribed drug or medication during pregnancy. These claims are typically brought against pharmaceutical companies, pharmacists, and treating physicians, and are usually based on a theory that the defendant(s) "failed to warn" the mother of the risk of taking the drug in question. If your lawsuit for birth defects (or injuries) is based on the mother's use of a legally-prescribed drug during pregnancy, you will generally need to show:
- The mother used the drug in question during pregnancy
- The mother's use of the drug in question was prescribed by a physician, pharmacist, or other health care provider
- The birth defect (or injury) is not likely due to genetics, heredity, disease, or other factor (this is usually accomplished through expert opinion)
- The drug in question is capable of causing birth defects
- The drug in question actually caused the birth defect (or injury)
Let our Marion County Indianapolis Birth Defects lawyers help you!
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