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Determining Liability When Your Baby Is Born With A Birth Defect

When your child is born with a birth defect, filing a lawsuit may be the last thing on your mind, but every parent of a child with a birth defect or birth injury needs to consult an attorney. Birth defects sometimes happen naturally, but they can also be the result of actionable mistakes or negligence. If workplace conditions or a doctor’s incompetence are to blame, for example, someone can be held accountable, and a settlement or judgment can help pay your child’s medical bills.

Determining Liability When Your Baby Is Born With A Birth Defect

Mistakes Can Cause Birth Defects

If a doctor prescribes medicine during pregnancy that has been shown to cause birth defects or prescribes a dosage not usually safe for pregnant women, they can be held legally accountable. Likewise, a company can be found liable if it knowingly puts a pregnant employee in a situation where chemical exposure leading to a birth defect is possible. Birth injuries that are the result of improper actions by a medical facility are also actionable and can lead to a monetary recovery.

A Birth Defect Lawyer Can Help Determine Liability

It may not be immediately clear what caused a child’s birth defect, but a birth defect lawyer can help you determine if anyone can be held accountable. The lawyer may bring in scientists or medical experts to help establish a cause. Issues in children that have been linked to chemical or medication exposure before birth include conditions ranging from cranial defects, facial abnormalities, and brain damage to cancer, heart defects, and many issues. A birth defect lawyer can work alongside other professionals to establish a chain of causality that has a chance of standing up in court.

Some Birth Defects Aren’t Actionable

Not all birth defects have a cause that can be successfully litigated. Many issues present at birth are genetic. In some of these cases, the genetic link is well-established. In others, it’s less clear. Additionally, a mother who takes illegal drugs, drinks alcohol, or smokes during pregnancy may not be able to legally assign blame to anyone else for birth defects that result from her actions. Only a lawyer can make a final determination of whether a situation is actionable, though, so it never hurts to consult a legal professional to determine your options.

Few things are as devastating for a parent as finding out a child has a birth defect. There is no reason for you to navigate the issues this situation causes alone, however. Help is available on many fronts. If you want to seek monetary compensation, the right attorney may be able to establish the legal liability for a birth defect and litigate the case for you.

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