New York City Obstetric Drug Error Caused Birth Defect

While pregnant, you should be able to expect that the side effects of any medication prescribed by your doctor will be limited to you and not affect your child. Unfortunately, some drugs can have unforeseen effects, or the doctor may have been unaware of them.

When this happens and a child is born with a birth defect as a result, your doctor or the drug company could be negligent and responsible for both the defect and the impact it will have on your family.

For help with a New York City obstetric drug error caused birth defect case, contact the experienced attorneys at Greenstein & Milbauer, LLP. We can represent you and ensure that you receive financial compensation for your child’s birth defect.

Drugs with Known Issues

Certain drugs are known to be able to cause a New York City obstetric drug error caused birth defect:

  • Zofran – Prescribed to treat nausea, Zofran has been linked to a variety of birth defects, including cleft lips and heart defects.
  • Clomid – An ovulation medication, Clomid is under study for potentially causing birth defects such as cleft lips.
  • Depakote – This epilepsy medication has been linked to spina bifida in children.
  • Lexapro – An antidepressant medication, Lexapro can lead to heart defects in children.
  • Zoloft – Used to treat both anxiety and depression, heart and lung defects have been linked to taking Zoloft.

If your child was born with a birth defect as a result of taking a doctor-prescribed medication, you have the right to sue.

Statute of Limitations

If your case is viewed as medical malpractice, the statute of limitations will allow two years and six months for you to file a lawsuit. If your case is viewed as a personal injury lawsuit, you will have three years.

The clock starts ticking the moment you become aware of the injury. In the case of a birth defect, this is typically the day your child is born.

If you wait too long to file your lawsuit and the statute of limitations is reached, the drug company can request to have the case thrown out. It is imperative that you contact an attorney as soon as possible to begin building your New York City obstetric drug error caused birth defect case.

Proving Negligence

To successfully win an injury case, we must prove that someone else was negligent and responsible for the birth defect.

It will be necessary to gather evidence that the birth defect was the result of the drug company’s lack of testing, lack of foresight, or a failure to provide adequate warnings to doctors and patients.

If your doctor is responsible, we will need to prove that he or she should have been aware of the possibility for a birth defect when the medication was prescribed.

Contact a New York City Lawyer

To hold a drug company or doctor responsible for your child’s birth defect, it is important to hire an attorney and file a lawsuit immediately. While your case may settle through the negotiations process, filing a lawsuit is typically the first step.

Contact an attorney at Greenstein & Milbauer, LLP by calling 1-800-VICTIM2 (1-800-842-8462).Receive the financial compensation your family deserves for your child’s New York City obstetric drug error caused birth defect.

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