An expectant mother relies upon the expertise of her attending physician when making the decision of whether or not to take prescription drugs for ailments while pregnant.
However, if you relied upon the advice of your doctor or the claims of a pharmaceutical company that a drug was safe to take during pregnancy, and that drug caused a birth defect in your child, your child may be entitled to file a Tulsa, Oklahoma birth defects lawsuit.
What Constitutes an Oklahoma Birth Defects Lawsuit?
Some birth defects are caused by teratogens, substances that cause changes to a developing fetus or embryo. Many prescription and over-the-counter medications that we use on a daily basis are teratogens; therefore, pregnant women are given a very restricted list of medications that are safe to take.
If a physician prescribes a teratogen to a pregnant woman, he may have committed medical malpractice, which is a form of negligence. In order to determine if he has committed malpractice, the physician must have deviated from the standard of care that a reasonable physician would follow under the same circumstances.
If it can be shown that the physician breached the standard of care that he owed to his patient (and her unborn child) in prescribing the medication, and that the breach was the proximate cause of the child’s birth defect, then the physician is liable for medical malpractice in Tulsa – and subject to an Oklahoma birth defects lawsuit.
The physician is not the only potential defendant in a birth defect claim. The pharmacist who filled the prescription for an expectant mother and failed to advise her that the drug was a teratogen may also be a potential defendant. Also, manufacturer of the drug may be sued under a products liability theory for putting a teratogen on the market without adequate warnings for expectant mothers.
When Can My Child File an Oklahoma Birth Defects Lawsuit?
Your child may file a claim for his or her birth defects when he reaches the age of majority (which is 18 years old) or you may file a claim for your child now under what Oklahoma calls a “friendly” suit. This means that you will officially represent your child in this Oklahoma birth defects lawsuit, but any recovered compensation will be put into a trust for your child until he or she reaches adulthood.
Free Consultation: Tulsa Birth Defects Attorney
To find out if your child might be entitled to compensation for birth defects that resulted from drugs prescribed during your pregnancy, contact the Tulsa birth defects attorney at the Personal Injury Law Office of Tulsa today.
For a free, no-obligation consultation, call 918-924-5528 or send your question using the email form on this page.