Who Is At Fault When A Child Is Born With Birth Defects?

by Terry Bryant

A child born with birth defects often faces a difficult road, many times the moment they enter the world. Such complications can have profound effects on the newborn’s ability to adjust to the world and develop normally. It’s also common for these complications to have far-reaching effects that persist into adulthood. And it’s normal for the parents to wonder how and why such complications could occur.  The tragic fact is, they are often preventable.

It must be acknowledged that researchers are only in the opening stages of understanding how and why a child might suffer birth defects, but more and more researchers believe it involves a complex interplay between genetic and environmental factors. It’s rare for either to completely explain a particular complication, but when a newborn is struggling with health problems, it may be due to negligence on the part of a doctor or other party.

For example, a pregnant woman who consumes contaminated food may experience a food-borne infection that passes to the developing fetus and causes harm. In this case, the food producer or supplier might be responsible for any damages.

In most cases, when negligence is involved, it is an irresponsible doctor or pharmaceutical company that takes the blame. There are many medications that can cause harm to a developing fetus, including some antibiotics, SSRIs, and nausea reducers like Zofran. By prescribing any of these to a pregnant woman, the doctor is taking a risk, and pharmaceutical companies must research their products for safety before marketing.

While these may seem like obvious precautions, they are all too often ignored, and many children are unfairly harmed as a result. With the help of a medical malpractice attorney, a family can fight back.