Birth Defect Compensation: The Good The Bad And The Ugly

Birth Defect Attorneys

One out of every 33 babies are born with an injury or defect that is caused by birth. A skilled and compassionate birth defect lawyer can help parents obtain compensation for therapy, medical and other expenses relating to a child's disability.

While doctors strive to be perfect but negligence or malpractice could increase the danger of birth defects as well as injuries. A Boston birth defect lawyer can help parents obtain compensation for damages.

Medical Malpractice

A medical issue that a baby suffers from at birth can result in devastating consequences for the entire family. Although these conditions are typically due to genetics, they could also be caused by medical negligence. A Rochester birth injury attorney can determine if medical professionals who were involved in the birth of your child committed medical negligence.

Medical malpractice can be committed by an individual doctor who fails to follow the professional standards of his or her profession. This includes taking basic steps to avoid complications during labor and birth. A birth injury attorney will review all the evidence concerning your child's injury including medical records, and then collaborate with experts in the medical field to determine whether your doctors violated the standard of care.

Physical trauma can result in injuries that range from minor to life-threatening in an uneasy delivery. Many of these injuries can be avoided by doctors who follow the correct medical procedures. These types of medical mistakes typically result from negligence or a medical malpractice. Burton Law Group, a legal team that specializes in medical malpractice cases in Oklahoma, has helped many parents who are grieving over the injuries of their children to understand the cause and obtain the compensation they deserve. To learn more about how we can help you, get in touch with us today. The laws of the state where you reside establish deadlines, also known as statutes within which you have to bring a lawsuit against a defendant. These statutes are different based on the nature of the claim you're making (e.g., medical malpractice).

Defective Products

Carelessness, medical negligence, or malpractice can cause birth defects. Parents want healthy children and perfect babies, but these factors could increase the risk. This can lead to the wrongful death or permanent injury of the infant. A dedicated birth defect lawyer can assist with a lawsuit against the responsible party or other parties.

Birth defect attorneys may also investigate and prosecute cases involving the improper exposure of pregnant mothers to toxic and harmful substances at workplace or in their homes environment. Research has shown that a number of common industrial and household products as well as chemicals, including pesticides and lead paint, fungicides, and chemically treated sewage can increase the chance of birth defects in infants. An experienced attorney can challenge the companies that might have negligently exposed the mother to these dangerous chemicals or toxic substances (teratogens) during pregnancy and seek a substantial financial compensation for the victim's family.

Birth injury lawsuits that involve medical negligence are similar to other personal injury cases, such as car accidents or birth defect lawyer defective product claims. Doctors and other medical professionals, however, are held to a greater standard of care because of their training and the trust that patients place in their abilities. Many birth injury lawsuits can also be considered wrongful death lawsuits if a child is severely disabled and requires lifetime care.

Prescription Drugs

Birth defects are serious issues which affect the appearance or functionality of certain parts of the human body. They can range from mild to severe and can greatly impact the health of a newborn. They can cause serious emotional, medical, and financial difficulties. In some instances they may be fatal.

Many birth defects are caused due to genetic flaws that are present in the father's or mother's chromosomes. However, in certain instances they are due to environmental factors. They can be caused by exposure to prescription drugs and toxins or substances that have a teratogenic affect.

Some commonly used medications such as the morning sickness drug Zofran Anti-seizure medicine, such as Topiramate and Valproate, and non-steroidal antiinflammatory drugs (NSAIDs) have been linked to specific birth defects. These include limb anomalies such as eye defects, heart defects and spinal cord defects, as well as other issues. Seizure medications have been linked to miscarriages as well.

A birth defect lawyer can help parents in determining if their child's birth defect was due to the use of a medication by the mother during her pregnancy. Doctors are legally required to prescribe only medicines that are safe for use by pregnant women. They also have a duty to warn patients about possible risks. If a doctor does not fulfill this responsibility, they can be held responsible for any birth injuries or birth defects that may arise.

Environmental Exposure

Birth defects are structural modifications in one or more of the baby's anatomy. While most birth defects are genetic and happen in the infancy, other factors could also contribute to their development. This includes exposure to environmental toxins, medication that are taken by the mother, and exposure to teratogenic chemicals or drugs. These cases require the assistance of skilled dedicated birth defect lawyers.

A birth defect lawyer can help the family to file a suit against a physician, drug maker or other individual or company responsible for the birth defect of an infant. If an medical procedure, medication, or exposure to a toxic substance is the reason for a birth defect, then the doctor, drug maker or other entity can be held responsible.

Waters Kraus & Paul handles complex cases including birth defect lawsuits defects caused by exposure to environmental chemical toxins, chemicals and industrial solvents as well as prescription drugs. A partner in the firm, David Strouss has prosecuted some of the country's first birth defects lawsuits stemming from exposure of parents to industrial solvents (such as glycol ethers) and has also handled claims concerning residents and agricultural workers who were in the vicinity of spraying or drifting pesticides. Ilana Waxman, Evan Hoffman and other firm partners are focused on environmental contamination. This includes asbestos, toxic torts, and whistleblower lawsuits.