Expecting mothers have a lot to think about when it comes to their health and the health of their unborn child. While many pregnancies go off without a hitch, some women really struggle or have complications during this time. However, many pregnancy-related conditions are not only quick to be diagnosed, but are often treated with medication or other treatment plans. However, it has been found that some medications prescribed to expecting mothers can harm the mother and/or the baby.
Seeking damages for injuries caused by a prescribed drug will include factors such as proving that the drug was prescribed by a medical professional and it’s use caused injury to the mother or the baby. Drugs not prescribed by medical professionals during pregnancy do not qualify for this category of damages based around physician or pharmacist negligence. Essentially, damages brought will allege that a failure to warn on behalf of the negligent party caused injury to the mother or the baby. Plaintiffs must prove that a drug could have caused the birth injury, and also that it did indeed cause the injury.
Damages for the mother’s injuries and a child’s injuries could be completely different. A mother’s injury could include the fact that she is no longer able to work, among other damages. Meanwhile, a child’s injury could be more specific to damages that cover the lifelong care an injury could cause a child to need, even through adulthood. Understanding the short and long-term damages a pregnancy or birth-related injury could impact, who and when makes a huge difference for what a family would seek damage-wise.
Trying to sort through an instance of mother or child birth-related injury can feel like a huge weight. This can be especially true if both were injured due to a medication that caused unnecessary injury. Getting more information about legal options could help.
Source: injury.findlaw.com, “Birth Injury: Overview,” Accessed Sept 11, 2017