Spina bifida is a birth defect in which a baby’s neural tube, the structure that develops into the brain and spinal cord, does not develop properly during gestation and thus leads to deformities of the spine. It has many potential causes, some of which may involve medical negligence during pregnancy.
If your child suffered a spina bifida birth injury, you may be eligible to file a medical malpractice lawsuit to recover damages from your doctor or another healthcare professional.
A spina bifida birth injury lawyer from Newsome | Melton can help. We do not collect an attorney’s fee until you get compensation for your damages. For a free case evaluation with our team, call us at 888-526-8947.
Why Your Doctor May Be Liable for Your Child’s Spina Bifida Birth Injury
Although spina bifida is not always preventable, there are precautions an expectant mother can take to minimize risk. One of these is to supplement with folic acid throughout pregnancy. For a pregnant mother with one or more risk factors for delivering a baby with spina bifida, it is even more critical to take preventative steps. Some risk factors are:
- Folate deficiency
- A family history of neural tube defects
- Medications, including anti-seizure drugs
- Elevated body temperature during pregnancy
It is your doctor’s duty to ask the right questions, dive into your medical history, and understand whether you have one or more risk factors for spina bifida. If you are at an elevated risk, your doctor should advise you of precautions to lower your risk. A doctor who fails to warn the patient of her risks and precautions to take may be liable for medical malpractice if the patient delivers a baby with spina bifida.
Build Your Medical Malpractice Claim for a Spina Bifida Birth Injury
The spina bifida birth injury lawyers at Newsome | Melton fight for the rights of medical malpractice victims and their families. To make sure your case is as strong as possible, we will seek to demonstrate four things:
- Your child was owed a duty of care.
- Your doctor was medically negligent.
- Because of your doctor’s negligence, your child suffered a spina bifida birth injury.
- Your family incurred damages as a result of your child’s injury.
Duty of Care
First, we can show that your doctor owed your child a duty of care by presenting evidence that you had an active doctor-patient relationship. All doctors owe patients a duty of care. This duty also extends to the doctor’s medical staff, including nurses, physician assistants, and lab technicians.
Second, we can demonstrate that your doctor (or other healthcare professional) failed to uphold this duty of care. To do this, we compare the doctor’s actions to what one would expect from a reasonable professional in the same situation.
A medical expert witness can review the evidence and testify about the standard of care under the circumstances presented.
Spina Bifida Birth Injury
Third, we will draw a causal link between the defendant’s negligence and your child’s spina bifida birth injury and ongoing complications. We must establish it is more likely than not that the doctor’s negligence led to your child’s birth injury.
Economic or Non-Economic Damages
Fourth, we will list all the damages your family has incurred because of your child’s injury. These include both economic and non-economic damages.
Recover Damages Related to Your Child’s Spina Bifida Birth Injury
The Newsome | Melton team is committed to making sure you collect fair compensation for your child’s spina bifida birth injury. You may be eligible to recover compensation for the following damages and more:
To Get a Free Spina Bifida Birth Injury Case Evaluation, Call 888-526-8947
It is essential to file a lawsuit before your state’s statute of limitations expire. In some states, the statute of limitations on birth injuries can be tricky, with lots of loopholes and caveats.
A Newsome | Melton spina bifida birth injury lawyer can help you meet the deadlines that apply to your case. Let our team help you take legal action to recover compensation for your child’s spina bifida birth injury. Call us at 888-526-8947 for a free case evaluation.