When Should You File a Birth Defect Lawsuit

A doctor points to an ultrasound image on an iPad to discuss the injuries that will later lead to a birth defect lawsuit

Pregnancy is full of both excitement and anticipation for many couples. Soon-to-be parents decorate the nursery, fold away their growing baby’s clothes and prepare their hospital overnight bags as they leave to deliver and welcome their newest bundle of joy. During this special time, the last thing expecting parents want to worry about is filing a possible birth defect lawsuit. If you suspect you or your child has experienced a birth defect or injury due to medical malpractice, the attorneys at Zevan Davidson Roman are here to walk you through the entire filing process.

Types of Medical Malpractice Leading to a Birth Defect Lawsuit 

Medical malpractice can occur at any stage of the pregnancy whenever there is a breach in the standard of care for the mother or her child. Medical professionals can act negligently during pregnancy by:

  • Failing to perform an ultrasound correctly;
  • Incorrectly reading an ultrasound;
  • Prescribing medication that can cause harm during pregnancy;
  • Failing to perform certain tests;
  • Incorrectly reading test results; or
  • Failing to communicate pregnancy complications and risks with a mother prior to delivery.

Malpractice leading to birth injuries, birth defects and death can also occur during labor and delivery due to a medical professional’s negligence by:

  • Failing to monitor vital signs of mother and/or baby;
  • Errors during surgery;
  • Delaying a c-section;
  • Errors with medication; or
  • Prolonging labor leading to additional complications.

If a medical professional overlooks any of these details during pregnancy or acts outside the standard of care during and after birth, it can leave devastation in its wake for an entire family. Once you have determined negligent actions resulted in a birth defect during your pregnancy or birth, it’s time to consider filing a birth defect claim.

Gathering Your Evidence

The first step families should take to prepare their case is to compile all the necessary evidence relating to their pregnancy, delivery and birth as soon as they possibly can. The most successful birth defect lawsuits will outline: a proof of doctor-patient relationships, the standard of care plan medical professionals should have followed, any breaches in the standard of care and what damages your family is claiming such as medical costs, additional appointments or other health-care related expenses. Providing as much information as possible early in your filing process can help your family receive quicker access to financial compensation.

Timing the Filing Process

Time should be taken into consideration when filing a birth defect lawsuit. Once your family decides to pursue and make a claim, parent claims must occur within 1-3 years of the birth depending on each state’s statute of limitations for birth injuries. However, your child may still be able to sue up to 18 years after their birth and obtain damages for loss of future earnings and medical expenses. Again, every state is different with respect to statute of limitations for minors.  As such, you should contact a birth injury attorney as soon as possible.

Take Action for Your Family 

Our dedicated team of attorneys understand the toll a birth defect can place on your family. Although no trial victory or awarded compensation can erase the pain and suffering of a birth defect, we will work with you in every step of the filing process and fight for the best possible outcome. If you believe your child obtained a preventable birth defect during pregnancy or birth, contact the Zevan Davidson Roman birth injury attorneys for a free consultation today.

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