Most medications prescribed during pregnancy are safe and play an important role in protecting the health of both mother and baby. However, some medicines may carry known risks which can affect a baby's development. When those risks are not properly explained, families can be left asking whether the harm could have been prevented.
Discovering that your child may have been affected by medication taken during pregnancy can be deeply upsetting. Many parents understandably wonder whether they were given all the information they needed to make an informed decision. Although the legal process can help provide answers and accountability in some cases, these claims require detailed evidence and are subject to a strict standard of proof.
The Importance of Informed Consent
Patients have the right to be given sufficient information about a proposed treatment to make an informed decision about whether to proceed.
This includes being advised of any material risks associated with a medication, particularly where those risks could have serious consequences.
For expectant mothers, this may involve discussions about:
- The benefits of taking the medication.
- Known risks to an unborn baby.
- The likelihood of those risks occurring.
- Whether safer alternatives were available.
- The consequences of not taking the medication.
Every patient is different. A risk that may be considered significant to one person may be particularly important to another depending on their circumstances and priorities.
When Could There Be a Legal Claim?
A potential claim may arise where it is alleged that:
- A healthcare professional failed to explain a known risk associated with a medication.
- A patient was not provided with enough information to make an informed decision.
- Alternative treatments were not discussed when they should have been.
- A medication was prescribed contrary to accepted medical practice.
However, proving a claim is rarely straightforward.
It is not enough to show that a medication carried risks or that a child was subsequently diagnosed with a condition. It must generally be established that:
- The healthcare provider breached the required standard of care; and
- Had the patient been properly informed, they would have made a different decision; and
- The injury or condition was caused by that medication exposure.
This often requires detailed medical records, witness evidence and expert medical opinions.
A High Evidential Threshold
Medication-related pregnancy claims are among the most complex medical negligence cases.
Many childhood conditions can occur for a variety of reasons, including genetic and environmental factors. As a result, proving that a particular medication caused or contributed to a child's condition can be challenging.
Each case therefore turns on its own facts, and specialist expert evidence is usually required before the prospects of a claim can be properly assessed.
Claims on Behalf of Children
Parents are often concerned that they have missed the deadline to bring a claim.
In Northern Ireland, a child generally has until three years after their 18th birthday to commence legal proceedings. This means the limitation period will not usually begin to run until the child reaches adulthood.
That said, it is always sensible to seek legal advice as soon as concerns arise. Medical records and other evidence are often easier to obtain and review at an early stage.
How Kearney Law Group Can Help
If you believe that a known risk associated with medication taken during pregnancy was not properly explained, it may be worth seeking legal advice. While these claims are subject to a strict standard of proof, an experienced solicitor can review the circumstances, obtain the relevant medical records and advise whether further investigation is appropriate.
This article is intended for general information only and should not be regarded as legal advice. Every case will depend on its own individual facts and medical evidence.
