When a mother chooses to use prescription drugs at the direction of a doctor during her pregnancy, she places an enormous amount of trust in a number of parties. Not only must she trust the doctor who prescribed the medication, but she also must trust the pharmaceutical company that produces the drug and the pharmacist who fills the prescription.
At each point in this process, many things may go wrong or get overlooked. Both the mother and the child may suffer serious unintended effects, sometimes causing long-term harm. Prescription drug errors are one of the leading causes of birth defects and injuries, making it important for any pregnant mother to carefully consider the potential complications any time she takes prescription drugs throughout her pregnancy.
If a child does suffer harm because of prescription drugs, where can the mother turn for justice? In many cases, it is wise to file a birth defect or birth injury lawsuit. A strong claim helps outline all of the consequences of the drug usage and keeps the mother’s rights secure while she fights for her child’s well-being. It lays out clearly how the drug affected the child and who is to blame.
Whom should the mother sue?
It is not always immediately apparent who is responsible in instances like this. It is likely that the various parties who may hold liability will pass the buck to someone else. This is why it is useful to build a strong claim supported with as much evidence and documentation as possible.
If, for instance, the problem arose because the doctor who prescribed the medication negligently, or even purposefully, put the mother’s and child’s lives at risk for his or her gain, the doctor could receive scrutiny and may be the appropriate defendant.
However, a doctor may prescribe a medication he or she has no reason to believe is harmful, possibly misled by inaccurate claims by the manufacturer, or because the medication does not have a strong history of complications. If so, the producer of the medication may have made a mistake in production, or may have downplayed side effects of the drug, leading to unintended harm to a child. In these instances, the drug producer may bear liability.
It is also possible that the medication would not have caused any harm, but for the error of the pharmacist who provided the mother with the drug. If a child suffers defects or injuries because of a pharmaceutical error, then it is probably the pharmacist who holds liability.
Don’t wait to build a claim
If you believe that your child suffered a birth injury or defect because of a pharmaceutical error or complication, you should begin building your claim as soon as you can. There is only a short amount of time allowed to file these types of claims. The longer you wait to build yours, the less time you have before you can no longer file at all.
Take care to use all the legal resources at your disposal, to increase the strength of your claim and help you navigate this difficult process on your way to full compensation and justice for the child you love.