A birth injury can occur during a pregnancy or during complications encountered in the labor and delivery process. The harm caused to a child is one of the most emotionally wrenching outcomes of a dangerous drug or a delivery went wrong. During pregnancy, certain medications have been linked to birth defects. In some instances, preventable harm occurred to the baby during delivery such as a physician failing to recognize when a child or mother is in distress and failing to act in a timely manner to prevent harm such as performing a C-section. In those claims, the baby can suffer if he or she is deprived of oxygen during the delivery, causing permanent brain damage or death. A claim over a birth injury could involve a defective and dangerous drug or a medical malpractice claim against the doctor and hospital. The challenge is to prove the birth injury occurred as a result of a failure to deliver a reasonable and generally accepted standard of care and/or that the mother was not adequately warned about the risks associated with the drug in question.
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