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Is my OB/GYN or my child's pediatrician responsible for birth defect?

Asked in Oxon Hill, MD - over 1 year

My son was born in 2006 with polydactyly...six toes on each foot...2 big toes. When he can out at hospital I asked what was wrong with his foot and why was it like that...they said it was ok and there was only 1 bone in his big toe but he just had 2 finger nails. I tool him to his pediatrician within days after birth aand asked him what was wrong with my sons foot. He said "oh its ok" it probably only one bone in there and its not worth giving him an x-ray. The pediatrician is now retired and another DR has taken over the practice and she automatically gives me a referral to childrens orthopaedic dr to check out his toe and now they yell me he needs to have surgery to remove the second big toe.

Attorney Answers (6)

Florian Eqrem Tabaku

Florian Eqrem Tabaku

Bethesda Family Law Attorney

Licensed in MD

Answered over 1 year ago. There is a statute of limitations in Maryland for medical malpractice cases. The statute of limitations is 3 years from the date of the discovery of the injury which may be from the date the child was born or later in time. You should contact an attorney to discuss the facts of your case to determine whether the statute of limitations has passed.
Legal disclaimer: Mr. Tabaku may be reached at (240) 750-4663 or fetabaku@tabakulaw.com. Mr. Tabaku is an attorney... more
Tabaku Law Firm, LLC
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Lars A. Lundeen

Lars A. Lundeen

Rutland Personal Injury Lawyer

Answered over 1 year ago. Your doctors are not responsible for causing your child's birth defect. However, if your child has suffered significant damages from a delay in appropriate treatment, then you may have a potential malpractice claim. You may find it helpful to review the Legal Guide I have published on Avvo.com, one of which deals with medical malpractice and what it is .

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. No
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Raymond Scott Costantino

Raymond Scott Costantino

Jacksonville Personal Injury Lawyer

Answered over 1 year ago. You should seek the advice of an experienced medical malpractice attorney in your area right away to determine if the statute of limitations (the deadline to file a claim) has passed. You can find an attorney on avvo.com. If you still have time to file suit the attorney will have to evaluate your potential claim and advise you on how to proceed.
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Florian Eqrem Tabaku

Florian Eqrem Tabaku

Bethesda Family Law Attorney

Licensed in MD

Answered over 1 year ago. There is a statute of limitations in Maryland for medical malpractice cases. The statute of limitations is 3 years from the date of the discovery of the injury which may be from the date the child was born or later in time. You should contact an attorney to discuss the facts of your case to determine whether the statute of limitations has passed.

However, the statute of limitation for claimants under 11 years of age starts at the time the child turns 11. You are very likely within the statute of limitations but you should contact an attorney immediately to move quickly with your claim.
Legal disclaimer: Mr. Tabaku may be reached at (240) 750-4663 or fetabaku@tabakulaw.com. Mr. Tabaku is an attorney... more
Tabaku Law Firm, LLC
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Joseph Jonathan Brophy

Joseph Jonathan Brophy

White Plains Ethics / Professional Responsibility Lawyer

Answered over 1 year ago. To prove malpractice you would have to prove that something a doctor did or failed to do caused an injury to your child. Polydactyly is not an injury, it is a developmental issue, usually genetic, which fortunately can be dealt with surgically.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
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Daniel Paul Buttafuoco

Daniel Paul Buttafuoco

Woodbury Birth Injury Lawyer

Answered over 1 year ago. You should find a local medical malpractice attorney on AVVO and call for a free consultation
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