Experienced Medical Malpractice Attorneys Serving Expecting Women in St. Louis, MO
As an expectant mother, you do what you can to avoid anything that will make your growing child unhealthy. However, there are some medications that may be prescribed to you that create birth defects (and you may be unaware of the risks). Most pregnant mothers trust their physicians, so when they are prescribed a medication, they assume that their physician has selected a prescription that is safe for pregnancy.
Unfortunately, there is a long list of medications that can be harmful to pregnant women, as well as their unborn children. These drugs may cause dangerous side-effects, birth defects, or even lead to death for either the mother or the fetus.
If you are pregnant, it is important to know which medications are dangerous to you and your unborn child. Also, you must know what steps to take if you or your child suffer injury because a physician prescribed a dangerous medication to you during your pregnancy.
Can You Sue for Birth Defects?
If your child is born with birth defects, you may not know that you have legal options. It is difficult, however, to prove that a medication caused the defect that your child encountered. But, a pharmaceutical company can be held liable if their medication did cause the birth defect using one of three legal theories:
- Design Defect – If the manufacturer made a drug that had an unreasonable risk for pregnant women, even if it was manufactured the way it was intended to be, they could be liable for any injuries and defects caused as a result.
- Manufacturing Defects – Sometimes medications are safe, but during the manufacturing process, there may be a critical error, such as the wrong ingredients being added. In this instance, the manufacturer would still be liable for any injuries that this defect caused.
- Warning Defects – When a manufacturer is aware of a potential side-effect or birth defect, but doesn’t properly warn on the drug’s label, they are legally liable.
Filing a Lawsuit for Birth Defects from Medications
Lawsuits that are based on birth defects due to dangerous medication are highly complicated. Sometimes, it is not the manufacturer that is to blame, either – it may be the pharmacy for dispensing the wrong medication, or the physician for prescribing a drug that is known to be toxic.
In this instance, it is best to speak with a medical malpractice attorney to explore your options. If you have suffered an injury or your baby has suffered from a drug-related birth defect, you may be entitled to compensation.
The attorneys at Carey, Danis & Lowe Attorneys at Law can help. We will assess your case and help determine if you have a claim against the drug’s manufacturer, the hospital, the physician, or even the pharmacy. Contact us today to explore your legal options by scheduling a consultation at 877-678-3400. You can also request your consultation appointment online through our contact form.