7 Things You ve Never Learned About Birth Defect Settlement
Birth Defect Lawsuits
While advances in medicine have dramatically reduced the risks associated with pregnancies, many birth injuries and birth defects are caused by negligence. Through chemical exposure at work or the incorrect use of drugs, parents who are stunned frequently have the right to seek compensation.
In many states the statute of limitations for a case is only one year. Therefore, it is important to contact an attorney as soon as you can. A skilled lawyer can help clients through the process and help them determine the value of their case.
Medical Malpractice
Medical malpractice claims could arise at any stage of labor or birth. Medical malpractice claims can be filed if a doctor is not practicing the accepted standard of practice and the failure results in injury or birth defects.
Doctors are accountable for evaluating the mother's current medications and taking into consideration any health issues she might be suffering from, and also advising the woman of potential dangers to her unborn child. If a doctor fails to fulfill their duties and causes harm can be held accountable for medical negligence.
A birth defect lawyer can help you decide whether a claim for medical malpractice is warranted and assist you with the legal process. A medical malpractice claim is a sensitive matter, so you'll need a seasoned lawyer you can trust.
The sooner you start the earlier you start, the better. A qualified lawyer for birth defects will assist you in filing your claim before the deadline for filing a claim in your state runs out. The majority of states allow you a single year to file a medical malpractice lawsuit, and the process of settling such a devastating event requires time. You need a lawyer that can work swiftly to obtain the necessary records and gather evidence to support your case. This is particularly true when your baby has suffered an injury from negligence on the part of a doctor, since the quicker you can take legal action and the more evidence you'll need to support your claim.
Environmental Causes
Although genetic causes of birth defects make up a large portion of cases, environmental causes also play a role. These causes are not well understood to scientists and could include exposure of mothers to toxic chemicals or substances at home or birth defects at work. These chemicals, such as solvents paint thinners, solvents processing materials, cleaning fluids and certain alloys of metal can increase the risk of the child developing birth defects. These kinds of exposures were the foundation of birth defect lawsuits the lawyers at LK filed on behalf of clients who worked in beauty salons and paint factories as well as semiconductor manufacturing plants.
Unfortunately, the majority of birth defects are caused by environmental or genetic factors. These factors are not avoided through lifestyle choices or medical treatments. Medical professionals and scientists are having an issue finding the root of the birth defect. The only way to cut down on the amount of birth defects is to educate women who are expecting and help them be careful with their choice of foods, medications and lifestyle choices.
A medical malpractice case that involves a birth defect is distinct from a typical personal injury lawsuit in that a birth defect case requires a thorough understanding of both legal and medical issues. Our birth defect attorneys are experienced in these difficult cases and will fight to receive the compensation you deserve.
Drugs
Pregnancy-related medications can cause birth defects that include facial and limb abnormalities and eye disorders or problems with the spinal cord, brain problems, and other conditions. If a child develops an abnormality in birth due to medication, the family may have a claim against the drug maker in a lawsuit for product liability.
Birth defects can also be caused through exposure to prescription drugs or toxic chemicals, or other environmental factors in the first three months of life, which is an important time for growth. A birth defect lawyer can assist you in determining your legal options should the birth defect of your child could be the result of medication.
A majority of drug manufacturers are required to test their products adequately before releasing them to the public. In addition, they are required to provide information regarding the possible adverse side effects. If a drug manufacturer is discovered to be selling drugs that cause serious birth defects, the parents may seek compensation through a lawsuit with the help of a birth defect lawyer.
Certain types of medicines can cause birth defects which include non-steroidal antiinflammatory drugs (NSAIDs), lithium angiotensin II antagonists and cancer medications like thalidomide or diethylstilbestrol. The lawyers at LK's medical malpractice firm have secured billions of dollars for families whose children sustained injuries from the use of these and other drugs. The firm has also litigated many cases where children were injured due to toxic chemicals at work or environmental pollutants.
Pregnancy
Pregnancy can be one of the most exciting and anxious experiences a woman can go through in her life. If something goes wrong during this time, the consequences could be a lot more severe. Birth defects of grave concern could affect the child's brain, heart, limbs or overall body function. This can limit the child's lifespan and cause tremendous pain to their parents.
While some birth defects are genetic, other could be caused by negligent actions of medical practitioners and hospital staff. This could include prescribing medications that could cause birth defects, or giving the wrong dose. It could be as straightforward as not being aware of the health of the fetus, or expose the mother to harmful chemicals while she is pregnant.
A New York birth injury attorney should be contacted immediately by a parent who believes that the birth defect or injury of their child is due to medical negligence. A lawyer can assist in determining the best path to take and how much compensation a parent could be entitled to.
Birth defects can be a devastating result of medical malpractice environmental exposure, drug exposure or a combination of causes. The experienced New York birth defect lawyers at Finz & Finz on Long Island and in New York City can help in the event that you believe your child's illness was due to the negligence of someone else. Contact us today for a no-cost consultation.