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Liability for Birth Defects

by David Peel on January 16, 2014

Liability for Birth DefectsThere are certain times where parents may be able to recover damages for birth defects. Sometimes parents can bring a lawsuit against the doctor. Other times, parents may be able to bring a lawsuit against a drug manufacturer.

In some circumstances, parents can bring a lawsuit against a doctor to recover for birth defects. This can happen when parents claim that the doctor was negligent and caused the birth defects. Also, this can occur when parents claim that the doctor was negligent in testing for birth defects. In these cases, the parents claim that had they known the child would have birth defects, they would not have had the baby.

When parents sue a doctor for birth defects, they may be able to recover for medical expenses caused by the child’s birth defects. And, in some instances, parents may be able to recover for pain and suffering. However, it is important to know that the damages that can be recovered vary from case to case.

Parents might also be able to bring a lawsuit against a drug manufacturer to recover for birth defects when a medication caused the birth defects. Sometimes, parents can bring a product liability claim against the drug manufacturer. When the drug is defective and the manufacturer did not use reasonable case when designing and manufacturing the medication that caused the birth defect, the drug manufacturer may be liable. A drug manufacturer may also be sued to recover for birth defects if the drug manufacturer should have known that the drug might be causing birth defects.

If you or someone you know is interested in more information on liability for birth defects, please contact Mr. Peel at PeelLawFirm.com. Mr. Peel practices in the area of personal injury law. He practices throughout West Tennessee including Millington, Tipton County and Memphis, Tennessee. His office is located in Millington, Tennessee.

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