Can You Sue if Your Baby Was Born with Undiagnosed Birth Defects?

Having a baby is one of the happiest times in your life. The anticipation of bringing a new life into the world and the joy that comes from having your baby at home is unmatched for many people. What happens, if your baby was born with an undiagnosed birth defect? This could have serious consequences for your child and your family. It could also result in the baby's death if the medical team did not know what to expect when the baby was born.

Can you sue your doctor or the hospital if your baby was born with an undiagnosed birth defect? It is best to consult with a birth defect attorney. Here is some information you need to know about the process.

Diagnosis Can Help Provide Proper Health Care

A doctor should be looking for any potential signs of any birth defects during the baby's development within the womb. Different birth defects can develop at different stages and some may be rectified before the baby is born, such as certain heart defects may be repaired while still in the womb. Other birth defects might require the mother to undergo specialized treatments during the pregnancy to help protect the baby's overall health or potentially repair any damage before it becomes serious.

When an unborn baby is diagnosed with a serious birth defect that could potentially lead to their death, the medical team are made aware of any specialized team members who must be present at the birth, or any other measures that must be taken to ensure the baby has the best care after birth.

If the baby went undiagnosed with a birth defect and a medical team was unaware of any problems, such as the need for a C-Section instead of a natural birth, you could sue the doctor or hospital for not doing their due diligence in diagnosing potential problems.

Child Could Have Problems Hours After Birth

If your baby's birth defect went undiagnosed before they were born, they could have problems hours after birth. The child might appear to be healthy at the time of the birth and then placed into the regular nursery without the added medical care they may need. Many birth defects such as heart issues aren't necessarily obvious at first and only present themselves at a later date.

If your baby had problems such as breathing issues, heart trouble, or other problems even hours after the birth, you could potentially sue the doctor or hospital for not finding the birth defect earlier or for not doing a proper examination immediately after their birth to find and address any health problems. This delay in treatment could lead to very serious health problems for the child as they grow and for their lifetime.

Contact a birth defect attorney if you think you have a legal case.