Proper medical care during pregnancy is as important as the care provided during delivery. As in other states, New Mexico mothers likely rely on their obstetricians or gynecologists to adequately monitor their health care and the healthy development of their unborn children. Most women understand the dangers of taking drugs during pregnancy and would not expect their doctors to prescribe medication that is unsafe.
However, some medical malpractice cases are filed as the result of birth defects that were caused by dangerous prescription drugs. To achieve success in filing such a medical malpractice claim, there is certain evidence that a plaintiff must present. These claims are typically filed by the mother on behalf of her affected child. The mother will have to prove that the drug was used during her pregnancy and that it was prescribed by a provider of health care, such as a doctor or medical facility.
She may need an expert witness to show that the birth injury or birth defect was not caused by a disease or genetic factors. The probability of the particular drug causing birth defects has to be shown, along with evidence that the use of it was the actual cause of the injury or defect. Lastly, the resulting damages have to be substantiated to justify the claim for compensation.
Health care during pregnancy is vital, but should not involve dangerous prescription drugs. Defendants in such claims are often the obstetricians and the hospitals, but can even include pharmacists or the manufacturers of the drugs if they failed to provide adequate warnings about potential dangers. When a monetary judgment is awarded in a claim brought on behalf of the affected child, the proceeds will be for the future care of the child. Such cases can be complicated and may require the assistance of an experienced New Mexico birth injury attorney.
Source: FindLaw, “Birth Injury Overview“, Accessed on Jan. 29, 2015