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Birth Defects FAQ

Birth Defects FAQ

If your child is born with a birth defect, it is often a tragic occurrence. If you were taking a certain drug or medicine while you were pregnant or if a certain medical procedure directly or indirectly caused the defect, you may be able to file a lawsuit against a drug manufacturer, doctor, hospital or all three. A birth defects lawyer will be able to assist you if you believe that you did everything right but your child still came into this world already diseased or with a difficult condition.

Common Questions

  • What Is The Difference Between A Birth Injury And A Birth Defect?

    • Birth injuries are generally attributed to poor delivery technique or issues that occurred in the hospital while the child was being delivered, while birth defects occur when conditions during or before the pregnancy adversely affect the child.

  • How Does This Difference Affect My Legal Options?

    • With a birth injury, you can usually sue the hospital or doctor for medical malpractice, but if your child was born with birth defects, you may be able to sue a medication manufacturer. Most of these defective drug lawsuits are class action suits, meaning that you have to find the lawyer who will be representing hundreds or thousands of individuals like you.

  • How Common Are Birth Defects?

    • About one in 33 babies have birth defects. If you take certain medications such as Paxil, Prozac, Lexapro or others, you may be at higher risk of having a child with birth defects.

  • What Can Cause Birth Defects?

    • Birth defects may be a result of genetic anomalies, drinking or drugs, or certain medications. If your child has a birth defect, it may simply be due to bad luck. However, it may be due to a certain product or drug that should have been healthy or helpful. You can check the list of recalls and defective drugs to see if there are any that may affect you.

Every potential birth defect lawsuit is different. Some may be medical malpractice lawsuits, while others may be class action suits against drug manufacturers. Contact a birth defect lawyer and explain your problem, and you may be able to find a legal solution to help pay for medical bills associated with your child's birth defect.