WHEN PRENATAL CARE FAILS YOUR FAMILY

New Orleans Birth Defect Attorneys: Seeking Answers for Your Family

Learning your child has a birth defect is devastating, and the questions can be overwhelming. Our compassionate attorneys help families investigate whether a medical error during pregnancy contributed to their child’s condition.

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Understanding Birth Defects and Medical Negligence

A birth defect is a structural or functional abnormality that develops in utero and is present at birth. While many birth defects have genetic or unknown causes, some are tragically the result of a preventable medical error or exposure to a harmful substance during pregnancy. This is a distinct and complex area of medical malpractice.

Unlike a birth injury, which occurs during the physical process of labor and delivery, a birth defect case focuses on the quality of care provided to the mother and fetus throughout the nine months of pregnancy. At LKSA Law Firm, our New Orleans birth defect lawyers have the knowledge and resources to conduct the in-depth investigation required to determine if negligence played a role in your child’s condition.

Failures in Prenatal Care That Can Lead to Birth Defects

An obstetrician has a duty to provide a high standard of care to an expectant mother. A breach of this duty can have devastating consequences. Our attorneys investigate all aspects of prenatal care to identify negligence, which can include:

  • Prescribing Harmful Medications: Administering a drug (a “teratogen”) that is known to increase the risk of birth defects without properly warning the mother.
  • Failure to Diagnose a Condition: Not identifying and treating a maternal infection (like rubella or toxoplasmosis) or condition (like gestational diabetes) that can harm the fetus.
  • Failure to Order or Interpret Tests: Neglecting to perform necessary prenatal screenings (ultrasounds, blood tests) or misinterpreting the results.
  • Exposure to Harmful Substances: Not warning the mother about the risks of exposure to certain chemicals or radiation.

Proving a link between a doctor’s action—or inaction—and a birth defect is a complex scientific and legal challenge that our firm is equipped to handle.

Our Experience with Preventable Birth Defect Cases

While we cannot change what happened, we can fight for the resources your child will need to live the best life possible. Our firm has the capability to handle cases involving a wide range of preventable causes of birth defects, including:

  • Heart Defects (e.g., holes in the heart, valve issues)
  • Neural Tube Defects (e.g., Spina Bifida, Anencephaly)
  • Cleft Lip and Cleft Palate
  • Limb Deformities
  • Brain Damage resulting from untreated maternal conditions.

Many of these conditions are considered a catastrophic injury, requiring a lifetime of medical intervention and support.

Pursuing the Financial Resources Your Child Will Need for Life

A birth defect claim is about securing your child’s future. The compensation we pursue is designed to cover a lifetime of needs. Our firm works with medical professionals and life care planners to accurately calculate the full cost of a birth defect, which may include:

  • Lifetime Medical Care: All future surgeries, corrective procedures, therapies, and medications.
  • Assistive Devices and Technology: Specialized equipment to aid mobility, communication, and daily living.
  • Home and Vehicle Modifications for accessibility.
  • Special Education Needs and developmental programs.
  • Lost Earning Capacity your child may face as an adult.
  • Pain, Suffering, and Emotional Distress for both the child and the family.

Choose LKSA: A Legacy of Experience and Peer-Recognized Skill

Birth defect cases are among the most complex in medical malpractice law, requiring a legal team with exceptional skill and resources. At LKSA Law Firm, our approach is built on a foundation of deep experience and consistent recognition for our legal skill.

New Orleans birth defect lawyer
  • Over a Century of Combined Experience: With more than 130 years of combined legal experience, our attorneys bring a depth of knowledge to every medical malpractice case. This long history means we have encountered a vast range of complex medical and legal challenges and have the strategic insight to navigate them effectively.
  • Consistently Recognized by Our Peers: Our commitment to excellence is reflected in the consistent recognition our attorneys receive from their peers. Year after year, members of our firm are selected for inclusion in prestigious legal listings such as Super Lawyers and The Best Lawyers in America®. For you, this means your case is handled by a team whose skill, professionalism, and ethical standards are respected throughout the legal community.
  • A Proven Record of Significant Results: Our experience and skill translate into meaningful results for families impacted by medical negligence. In one medical malpractice case that resulted in brain damage, our firm secured a settlement of $1,966,000 plus the cost of future custodial care to ensure the child’s lifelong needs would be met.
  • A Compassionate, Client-Focused Approach: Beyond the accolades, our focus remains on our clients. We understand the immense emotional and financial strain your family is under, and we are committed to providing clear communication and supportive guidance at every step of the legal process.

Birth Defect FAQs: Your Questions Answered

As a parent, you have urgent questions. Here are some inquiries commonly answered by our New Orleans birth defect lawyer team:

Proving causation is the most critical part of the case. We work with highly qualified medical professionals to review all prenatal records, prescriptions, and test results. They help us establish the standard of care, show how the doctor deviated from it, and provide an expert opinion linking that deviation to the specific birth defect.

This is a common defense. However, even if there is a genetic predisposition, a doctor’s negligence may have contributed to or worsened the outcome. For example, a failure to screen for a known genetic risk could be grounds for a claim. Each case requires a detailed medical-legal analysis.

A teratogen is any agent that can cause a birth defect. This is most commonly a prescription drug (like certain antidepressants or anti-seizure medications) but can also include chemicals, radiation, or infections. A key part of our investigation is determining if the mother was exposed to a known teratogen due to a doctor’s negligence.

The deadlines (statute of limitations) for medical malpractice cases involving minors are complex. In Louisiana, you generally have two years from the date the malpractice was, or should have been, discovered. It is absolutely critical to speak with an attorney as soon as you suspect negligence to protect your child’s rights.

Have More Questions? Contact Our Compassionate Team.

Your Family Deserves Answers. Let Us Help You Find Them.

When you place your trust in a doctor during pregnancy, you expect the highest standard of care. If that trust was broken, you deserve to know why. Contact Lewis, Kullman, Sterbcow & Abramson, LLC today for a free, confidential consultation. Let our dedicated birth defect attorneys provide the compassionate support and formidable advocacy your family needs.

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