Modern medicine is an amazing thing, and these days there are countless prescription medications that can be applied to all sorts of maladies. When a woman is pregnant, it is important that anything she consumes is safe for her and her developing baby. This is true not just for food and drinks, but also for medications. If a mother in Indianapolis takes a valid, legally prescribed drug while pregnant, and the drug harms her developing baby, the mother may want to pursue a lawsuit for birth injuries (med mal).
In order to prevail on such a claim, certain elements must be proven. First, it must be shown that the woman used the medication while pregnant. Second, the mother must have obtained and used the medication via a valid prescription from a health care provider. Third, it must be shown that the birth injury would generally not be present due to other factors, such as disease or heredity. Fourth, it must be known that the medication at issue could cause birth defects. Finally, it must be shown that the medication at issue did cause the birth injury.
Possible defendants to such a birth injury lawsuit include drug companies, the doctor who prescribed the drug and pharmacists. In general, such a lawsuit will be based on the failure to warn the woman that the medication at issue could harm her baby. If the mother prevails in such a lawsuit, the compensation received goes to the child, for example, through the execution of a trust.
Expecting mothers naturally anticipate that they will have a healthy pregnancy that will end in the birth of a healthy baby. Sadly, this does not always happen. Sometimes babies suffer preventable birth injuries due to the negligence of physicians treating the mother during pregnancy or during the labor process. If such an injury is due to a prescription medication, it may be possible to take legal action. Since each medical malpractice case is unique, it is important not to base a lawsuit on the information found in this post, but instead to seek legal guidance to better understand how the law applies to specific cases.