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Are Birth Defects Covered Under Personal Injury Law?

Being born with a birth defect directly impacts the way the rest of your life will go. Chronic pain, disability, and mental health issues all result from birth defects caused by medical practitioners who have committed malpractice or negligence.

While your case might seem hopeless, there is a possibility that you can file for damages under medical malpractice or negligence. Birth defects are covered under personal injury law, and you might be eligible for compensation.

Birth Defects Can Result From Medical Malpractice and Negligence

Birth defects can happen when a doctor, staff, or hospital fails to use reasonable care. They can cause injury to the mother or child during pregnancy or birth. They can also be held liable for wrongful birth (not informing the parents during pregnancy of birth defects which could have led to a terminated pregnancy) or wrongful pregnancy (when the parents’ attempt to end a pregnancy fails due to the actions of doctors or staff).

Parents bringing about a lawsuit for a child with a birth injury can ask for general or specific damages. Examples of general damages include the loss of enjoyment of life as well as physical and mental pain and suffering. Specific damages can include medical bills and any time the parents have missed from work to care for their child.

Injuries to the Mother

While many cases of birth defects from medical malpractice or negligence center around a child, mothers who have received birth injuries can be eligible for damages. If a doctor’s careless actions brought about injury to a mother during pregnancy or the birth process, the mother can file a lawsuit. Take, for example, if a doctor fails to notice or acknowledge the mother’s high blood pressure during pregnancy, which is a strong indicator of preeclampsia. Preeclampsia often leads to seizures, and if the mother had seizures during or after delivery, the doctor could be held liable.

Physical and Emotional Injuries to Babies and Parents

Birth defects are often physical in nature, but they also have an emotional impact on the parents. Watching their baby go through so much pain and suffering can leave a lasting impact on parents, creating conditions like anxiety and even post-traumatic stress disorder (PTSD). Parents suffering from the emotional impact of having a baby with a birth defect might have room to file a claim under personal injury law.

Filing For Damages

Ready to take your case to court? Hire a personal injury attorney to represent you. They can help you mitigate the complex legal process and get the funds you deserve for your or your child’s birth defect. A personal injury attorney can help determine who is liable for your birth defect and how to recover your lost income or medical expenses.

Birth defects are preventable and doctors, staff, and hospitals all need to be held liable for any medical malpractice or negligence. If your child has a birth defect caused by malpractice or negligence, you can file a claim. Getting a lawyer on your side can assist you in claiming your damages and getting your life back on track as much as possible.

Author information: Anica Oaks is a professional content and copywriter who graduated from the University of San Francisco. She loves dogs, the ocean, and anything outdoor-related. She was raised in a big family, so she’s used to putting things to a vote. Also, cartwheels are her specialty.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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