Generally, birth defects are thought to be unavoidable while birth injuries
are usually preventable and caused by medical negligence. Is it ever possible
for an infant’s birth defect to be the result of a medical professional’s
negligence, however? Given that parents spend millions in the United States
caring for children with birth defects, not to mention the shorter life
span some suffer from as a result of their condition, it is important
to understand that defects are not always unpredictable or unavoidable.
Below is a list of the most common causes of birth defects, some of which
are related to medical negligence:
Genetic defects: If genetics are the cause of your baby’s birth defect, this is generally
not a matter of medical malpractice. However, in cases where a doctor
fails to perform genetic screenings to rule out birth defects or fails
to inform the parents of a positive genetic test, it is possible to file
a medical malpractice claim, though it is quite rare.
Environmental defects: Environmental defects are not necessarily a case of medical negligence
either, unless the overseeing physician fails to rule out whether an environmental
risk is present. For example, if an expecting mother has a history of
drug or alcohol abuse, she should be screened to ensure the unborn child
does not have an environmental defect. Environmental defects can also
be caused by infections. If the mother’s physician does not detect
the infection and fails to treat it on time, the mother’s unborn
baby could develop a birth defect, for which the doctor can be held liable
in a medical malpractice lawsuit.
Unknown defects: More often than not, birth defects have unknown causes. In fact, according
to the March of Dimes, it is estimated that 70% of defects do not have
Moreover, even in cases where medical negligence is responsible for a birth
defect, the physician might not always be responsible for it. In some
cases, a third-party might responsible for a baby’s birth defect.
For example, if an infant’s defect is linked to a prescription medication
he or she was exposed to during pregnancy, the party that manufactures
the drug could be at fault for the resulting birth defects. If the physician
prescribed the medication without informing the parents of the risks,
however, he or she could still be held liable for the baby’s defects.
Some substances that are known to cause birth defects include:
- ACE inhibitors
Experienced Medical Malpractice Attorneys in Orlando
If your baby sustained a birth defect and you believe it might be the result
of medical negligence, it is imperative that you seek skilled legal assistance
as soon as possible. At The Maher Law Firm in Orlando, our skilled medical
malpractice attorneys are dedicated to fighting on behalf of the wrongfully
injured and ensuring the responsible parties are held accountable for
Get started on your
medical malpractice case today and
reach out to our law firm at (855) 338-0720 to request a free initial case evaluation
with one of our compassionate attorneys.