Legal Question in Medical Malpractice in Utah

Medical injury due to medication

My son was born 2 yrs ago. I went into the emergency room where I told both the dr and nurse that I might be pregnant. They did not run a pregnancy test. I was given a perscription of antibiotics. I took them for a few days. I found out that I was pregnant and also that the drug perscribed and taken causes birth defects. My son was born with UPJ a Kidney condition. Do I have a case against the hospital and/or dr for perscribing them to me and not doing a pregnancy test to insure I was or wasn't pregnant before perscribing a medication that causes birth defects?

Asked on 3/22/08, 2:43 pm

2 Answers from Attorneys

Jared Faerber The Faerber Law Firm, PC

Re: Medical injury due to medication

You (and your son) might have various claims against those involved. These types of claims are difficult and costly to pursue, but under the right set of facts, can be viable. To really make a determination about this, I would need many more details. I would be interested in discussing this with you at no charge. My contact information can be found at

Thank you.

DISCLAIMER: This response is provided for informational purposes only. It does not constitute legal or medical advice, and does not create an attorney-client relationship. Readers should not rely on the information contained herein and should seek specific legal advice directly from a qualified attorney.

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Answered on 3/24/08, 1:16 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Medical injury due to medication

You may have a case. The statute of limitations occurs 2 years after the disease is discovered, so you must act quickly.

You may call for a free consultation.

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Answered on 3/24/08, 1:46 pm

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