A chickenpox birth injury occurs when a mother contracts the illness during pregnancy or right before childbirth and passes it to her unborn or newborn baby, whose immune system is not developed enough to fight it. It can lead to a host of birth defects and, in extreme cases, can be life-threatening. If your baby suffered a chicken pox birth injury, you could have grounds for a medical malpractice lawsuit.
A chickenpox misdiagnosis birth injury lawyer at Newsome | Melton can help you hold your obstetrician or midwife — or any healthcare provider who failed to prevent your child’s condition — liable. We have helped many clients recover damages for their babies’ birth injuries. We offer a free initial case evaluation and are ready to speak with you right away about your specific situation.
Call 800-916-7333 to speak with a member of our team today.
Your Medical Provider’s Responsibility to Prevent a Chickenpox Birth Injury
There are two times during pregnancy when it is particularly dangerous for the mother to contract chicken pox: during the first two trimesters and immediately before or after giving birth. Your doctor has a responsibility to help you take every step possible to minimize your chances of contracting this illness.
If you develop chickenpox early in your pregnancy, before the placenta is developed, your baby can develop congenital varicella syndrome. The risk is highest between weeks eight and 20 of pregnancy. Congenital varicella syndrome can lead to severe birth defects, including:
- Malformed limbs
- Skin scarring
- Incomplete brain development
- Intellectual disability
- Eye inflammation
A simple immune test can determine if you are at risk of getting chickenpox. Your doctor should have performed this test, and if it came up positive, discussed ways to avoid exposure to the condition.
If you contracted chickenpox early in your pregnancy, your doctor had a duty to diagnose it quickly and correctly, and to take the appropriate steps to minimize the risk of harm to your child.
Chicken Pox During Childbirth
A chickenpox birth injury may also occur when the mother contracts the condition immediately before or after childbirth. At this time, the baby is at the highest risk of coming into contact with the disease and developing neonatal varicella, which can be life-threatening.
If you develop chickenpox directly before or within 48 hours of delivery, your doctor must recognize it so that they can give your baby a shot of antibodies right after birth. Administered immediately and correctly, this treatment can lower the long-term effects of newborn chicken pox.
The medical malpractice lawyers at Newsome | Melton will investigate every aspect of your child’s chickenpox birth injury and determine where your doctor or healthcare provider’s actions fell short. Our chicken pox misdiagnosis birth injury lawyer can go after them and their insurers for damages. Call 800-916-7333 for a free case evaluation.
Trust a Chickenpox Misdiagnosis Birth Injury Lawyer from Newsome | Melton to Hold Your Doctor Liable for Your Child’s Chickenpox Birth Injury
Newsome | Melton has a long track record recovering damages for our clients injured by negligent medical providers.
There are four necessary elements in a medical malpractice case. If we can prove each of these elements, our case has a strong chance of being successful:
- Your obstetrician, midwife, or other medical provider had a duty to uphold their industry’s standard of care when treating you.
- They did not uphold this standard.
- You or your child suffered injuries because your medical provider did not uphold their duty.
- Your or your child’s injuries caused economic or noneconomic losses.
Your Medical Provider Had a Duty to You
A duty of care exists between any practitioner and their patients. It also extends to the doctor’s staff, such as nurses and physicians’ assistants, as well as to the facility.
By showing evidence that you had an active doctor-patient relationship, we can show that they owed you a duty of care, as did staff members and the medical facility.
Your Medical Provider Did Not Uphold This Duty
The specific duties your doctor has to you vary based on the circumstances. But, in general, a doctor must provide the level of care one would expect from a reasonable person faced with the same situation.
Our team can bring in medical expert witnesses to play the role of a reasonable person and testify as to how your doctor’s actions failed to live up to this standard. They can review the evidence and explain how your doctor could have and should have taken a different course of action, which may have led to a better outcome for you and your child.
You or Your Child Suffered Injuries
We must link your doctor’s failure of duty to the specific injuries suffered by your child. If your child developed long-term complications from newborn chickenpox, we can investigate to determine if your doctor made the correct diagnosis and administered the proper antibodies within a reasonable timeframe.
If your child suffered a birth defect because you developed chickenpox early in pregnancy, a Newsome | Melton chicken pox misdiagnosis birth injury lawyer will determine how your doctor failed to diagnose it in time to take proper action.
You Incurred Economic or Noneconomic Damages
We can tie your case together by listing the economic and noneconomic damages you suffered because of your child’s chickenpox birth injury, along with specific amounts for each. Then, we will aggressively pursue the full amount on your behalf.
The Statute of Limitations on Chickenpox Birth Injury Misdiagnosis Lawsuits
It is essential to take action right away if your child suffered a chickenpox birth injury. Each state has a statute of limitations that sets a time limit for how long you have to file a lawsuit. Even if you are not sure how strong your case is, we want to investigate it and let you know your options.