If I was adminstered tamiflu last year but was 29 weeks pregnant and my daughter was born with a cleft palate, do I have a lawsuit?

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If I was adminstered tamiflu last year but was 29 weeks pregnant and my daughter was born with a cleft palate, do I have a lawsuit?

Asked on January 10, 2013 under Malpractice Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on many factors, whether this is medical negligence or not depends on if you knew or doctors knew or should have known you were pregnant, whether you informed the staff you were pregnant and whether you were informed this medication can or will cause birth defects. You should discuss the matter with a medical negligence attorney to see if you have a case.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not there is a factual and legal basis for a medical malpractice act as well as a possible products liabilty action for your minor child depends upon the opinions of a medical standard of care expert with respect to the possible cause of the cleft palate.

As such, I suggest that you consult with a medical malpractice expert about your matter for evaluation and a medical opinion.


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