Negligence Cause A Birth Defect? Consider Filing A Birth Defect Lawsuit

Expecting parents shouldn’t have to worry about filing a birth defect lawsuit…

Pregnancy is often both the most exciting and nerve-racking time in many women’s lives. It’s the time parents think and dream of what will be. The fun stuff includes thinking whether the baby will have green eyes like mom or brown eyes like dad. Will she be a social butterfly from the beginning or will it take some time to come out of her shell?

And then there’s the not-so-fun stuff. Are there going to be any complications during labor? Is the delivery process going to go smoothly? Will the baby and mom’s health be okay?

Of course there are things that are out of human control. But what happens if there are complications during pregnancy, labor, or delivery? Are injuries preventable? What if a child has to live with a life-long disability because of a doctor’s negligence?

Birth defects caused by medical malpractice are much more common than we’d like to think. If you or your child has suffered a birth injury due to the negligence of a medical professional, reach out. Contact Hampton & King, to explore your options for filing a birth defect lawsuit. Keep reading to learn more.

Pregnant mother counts the days until baby arrives.

When Medical Malpractice Warrants A Birth Defect Lawsuit

Medical malpractice can occur at any stage of birth, from pregnancy to birth. It can also occur in a variety of ways. Whenever there’s a breach in the standard of care and an injury occurs, you may have a case of medical malpractice.

Here’s how medical professionals might act negligently during pregnancy:

  • Failing to perform a proper ultrasound
  • Reading an ultrasound incorrectly
  • Prescribing medication unsuitable for pregnancy
  • Failing to perform certain tests
  • Reading test results incorrectly

Failing to communicate any risks with patient

Medical malpractice can even show itself during labor and delivery. Here are a few examples of negligence during those times:

  • Failure to monitor baby’s heart rate
  • Surgical errors
  • Medication errors
  • Anesthesia complications
  • Delaying a c-section
  • Prolonging labor

If a medical professional overlooks something or acts outside of the standard care resulting in an injury, you may be able to file a claim. And if this injury involves birth defects, you may want to file a birth defect lawsuit. 

Common Malpractice Birth Defects

Anytime a birth defect occurs, it’s scary and tragic. And if the injury is one that’s easily preventable, it makes matters worse. Sometimes, these preventable injuries can result in a lifelong disability.

Some common birth defects caused by negligence are:

  • Spina Bifida
  • Congenital heart defects
  • Head deformities
  • Limb deformities
  • Cleft palate/lip
  • Neural tube defects
  • Cerebral Palsy

Some Medications Can Cause Birth Defects. Did Your Doctor Prescribe Any Of These To You?

Many common medications used during pregnancy come with scary potential side effects. In severe cases, they can even result in birth defects and injuries that warrant birth defect lawsuit. Let’s take a look:


Approximately 1 million women who suffer from morning sickness and nausea take Zofran – or its generic version. Unfortunately, many of these women are unaware of the risks associated with the medication. In fact, Zofran has been found to increase the risk of severe birth defects. Cardiac malfunction and congenital deformities have been linked to taking Zofran during pregnancy.


Topamax is often prescribed to patients suffering from epilepsy and migraine headaches. It’s also used to treat alcoholism, eating disorders, obesity, diabetes, and some psychiatric disorders. Unfortunately, it has also been associated with birth defects such as:

Opioid pain relievers, antidepressants, antibiotics, and even some acne medications have also been linked to birth defects. Your doctor should communicate the risks and/or benefits of each medication.

Baby with birth defect crying.

Filing A Birth Defect Lawsuit

When filing a birth defect lawsuit, more is necessary. More information and more evidence. Successful claims must show the following:

  • Proof showing a doctor-patient relationship
  • The standard of care that the medical professionals treating you should have followed
  • A breach of the standard of care
  • Damages that you are claiming

You know how we said more is necessary? That goes for experience too. When an attorney with proper experience handles your case, they’ll ensure your claim isn’t missing any important information. Here at Hampton & King, our birth defect lawyers have handled numerous medical malpractice cases and can help you get the justice you deserve.

We understand the emotional toll birth issues can have on you and your family. Knowing that your child’s injury is due to negligence is a tough pill to swallow; even more so when it’s an injury that’s preventable. You don’t have to go through this alone.

With Hampton & King by your side, maneuvering a birth defect lawsuit will become easier. Let us help you. Contact us today to schedule a free consultation. Let’s begin this journey to justice together.