Neural tube defects (NTDs) are serious birth defects that affect the brain, spine, or spinal cord, often leading to lifelong disabilities or fatal complications. These conditions can occur due to medical negligence, failure to diagnose, exposure to harmful substances, or pharmaceutical drug side effects.
If your child was born with a neural tube defect caused by medical malpractice or toxic exposure, you may have grounds for a birth injury lawsuit. A San Diego neural tube defects lawyer can help you pursue financial compensation for medical expenses, ongoing care, and pain and suffering.
What Are Neural Tube Defects?
Neural tube defects occur when the neural tube (which forms the brain and spinal cord) fails to close properly during early pregnancy. These defects can lead to severe health complications, disabilities, and in some cases, wrongful death.
The most common types of neural tube defects include:
- Spina bifida – The spine and spinal cord fail to develop correctly, often causing paralysis, bowel/bladder dysfunction, and neurological impairments.
- Anencephaly – A severe condition where parts of the brain and skull do not fully form, leading to stillbirth or death shortly after birth.
- Encephalocele – A rare defect where brain tissue protrudes through an opening in the skull, often leading to neurological issues and developmental delays.
Causes of Neural Tube Defects in Medical Malpractice Cases
Neural tube defects can result from genetic factors, but in many cases, they are linked to preventable causes, including:
Failure to Prescribe Folic Acid
- Folic acid deficiency during pregnancy is one of the leading causes of neural tube defects.
- Doctors have a duty to recommend prenatal vitamins containing folic acid to reduce the risk of birth defects.
- Failure to advise pregnant mothers on proper prenatal nutrition may be considered medical negligence.
Misdiagnosis or Failure to Detect Neural Tube Defects
- Neural tube defects can be detected through ultrasounds, blood tests, and genetic screenings.
- If a doctor fails to diagnose an NTD during pregnancy, parents lose the opportunity to prepare for necessary medical care.
- In some cases, misdiagnosis leads to improper treatment, worsening the baby’s condition.
Toxic Exposure During Pregnancy
- Harmful chemicals and medications can increase the risk of birth defects.
- Studies have linked industrial toxins, pesticides, and contaminated drinking water to higher NTD rates.
- Parents who lived or worked near toxic sites may have a claim against corporations or government agencies.
Defective Pharmaceutical Drugs
- Certain medications taken during pregnancy have been linked to neural tube defects, including:
- Anti-seizure drugs (valproic acid, Depakote)
- Diabetes medications
- Acne treatments (Accutane, isotretinoin)
- Drug manufacturers may be liable for failing to warn pregnant women about potential birth defect risks.
Who Can Be Held Liable for Neural Tube Defects?
A San Diego birth injury lawyer can investigate your case to determine who is responsible for your child’s neural tube defect, including:
- Doctors or OB-GYNs – If they failed to prescribe folic acid, detect birth defects, or provide proper prenatal care.
- Pharmaceutical companies – If a defective or dangerous drug caused birth defects.
- Employers or companies – If exposure to toxic chemicals or unsafe work environments led to fetal abnormalities.
- Hospitals and medical facilities – If improper procedures or medical negligence resulted in harm.
Compensation Available in a Neural Tube Defect Lawsuit
Families dealing with severe birth defects face overwhelming financial and emotional burdens. A successful lawsuit can help recover damages for:
Medical Expenses
- Neonatal surgeries and treatments
- Long-term care and therapy
- Assistive devices and home modifications
Lost Wages and Financial Hardship
- Parents who must reduce work hours or quit jobs to care for their child
- Compensation for future lost earning potential
Pain and Suffering
- Emotional distress and psychological trauma
- Loss of quality of life for the child and family
Punitive Damages
- In cases of extreme negligence or corporate misconduct
How a San Diego Neural Tube Defects Lawyer Can Help
Filing a birth injury lawsuit requires extensive medical evidence, expert testimony, and legal experience. A San Diego birth defect lawyer can:
- Investigate medical records and prenatal care history
- Consult medical experts to prove negligence
- File claims against doctors, hospitals, or pharmaceutical companies
- Negotiate settlements or take the case to trial
If your child was born with a neural tube defect due to medical negligence, drug exposure, or toxic chemicals, you deserve justice and financial support.
Statute of Limitations for Birth Defect Lawsuits in California
In California, families have limited time to file a birth injury lawsuit:
- Medical malpractice claims – Must be filed within one year of discovering the injury or three years from the date of birth.
- Product liability claims (dangerous drugs) – Must be filed within two years of discovery.
- Toxic exposure cases – Deadlines vary depending on the exposure source.
It is crucial to act quickly and consult a San Diego birth defect lawyer as soon as possible.
Why Choose The Law Office of Melinda J. Helbock?
At The Law Office of Melinda J. Helbock, we are committed to helping families affected by birth injuries and neural tube defects. We offer:
- Decades of experience handling complex birth defect lawsuits.
- Aggressive legal representation against negligent doctors and pharmaceutical companies.
- Compassionate legal guidance to support families through emotional and financial hardships.
- A proven track record of securing multi-million-dollar settlements for birth injury victims.
Contact a San Diego Neural Tube Defects Lawyer Today
If your child was born with a neural tube defect due to medical negligence, pharmaceutical drugs, or toxic exposure, you may be entitled to financial compensation.
Contact us today for a free consultation and let us help you fight for the justice and support your family deserves.
References
- Centers for Disease Control and Prevention. (2024). Neural Tube Defects and Prevention Guidelines. Retrieved from https://www.cdc.gov
- American College of Obstetricians and Gynecologists. (2024). Folic Acid and Birth Defect Prevention Recommendations. Retrieved from https://www.acog.org
- U.S. Food and Drug Administration. (2024). Medications Linked to Birth Defects: Pharmaceutical Warnings and Lawsuits. Retrieved from https://www.fda.gov