A Step-By Step Guide To Selecting The Right Birth Defect Settlement

Birth Defect Lawsuits

While medical advances have reduced the risks of pregnancy but negligence is the cause of many birth defects and injuries. Parents who have lost their children due to chemical exposure at work, or the incorrect use of prescribed medications can often seek compensation.

Many states have statutes of limitations of one year, so getting in touch with an attorney sooner instead of later is vital. A skilled lawyer can help clients through the process and help them determine the value of their case.

Medical Malpractice

Medical malpractice claims can occur at any stage of pregnancy, labor or delivery. If a doctor fails meet the accepted standard of care, and the failure leads to birth defects or injuries and birth defects, they could be held responsible for a medical malpractice claim.

Doctors should evaluate an expecting mother’s current medication and consider any health issues she might have. They should also inform her of the dangers for her upcoming baby. If a doctor does not fulfill their responsibilities and causes harm to a patient could be held responsible for medical negligence.

A birth defect lawyer can help you decide whether a claim for medical malpractice is appropriate and help you through the legal process. Because of the sensitive nature of a medical malpractice claim you must find an experienced lawyer who you are confident in.

The earlier you begin the faster you can get started. A competent birth defect lawyer will assist you in filing the claim before the state's statutes of limitations expire. Most states only give you one year to file a medical malpractice lawsuit, birth defect lawyer and the process of settling this kind of devastating event takes time. You need a lawyer who can work swiftly to obtain the necessary documents and gather evidence to support your case. This is especially true when your baby has suffered injuries due to negligence in the medical field, since the quicker you take legal action, the more evidence you'll have to prove your case.

Environmental Causes

Environmental factors can contribute to birth defects, even though genetics are the main cause of cases. These causes aren't usually discovered by science, but can include the mother's exposure at work or home to harmful chemicals. Solvents, paint thinners and engraving materials, as well as cleaning fluids and metal alloys may increase the risk of a child suffering from a birth defect. 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 or paint factories as well as semiconductor manufacturing facilities.

Sadly, most cases of severe birth defects result from environmental or genetic factors that are not preventable through lifestyle choices or medical treatments. Scientists and physicians still have difficulty determining the cause of the specific birth defect. The only way to reduce the risk of birth defects is to educate women who are expecting and help them be careful with their food choices, medications and lifestyle choices.

A medical malpractice case with a birth defect different from a typical personal injury lawsuit in that a birth defect case requires a thorough understanding of both medical and legal issues. Our birth defect lawyers are well-versed with the complexities of these cases and will fight for the compensation you deserve.

Drugs

The use of medications during pregnancy can cause birth defects. These include limb and face abnormalities, eye disorders and brain and spinal cord issues among other things. If the medication causes a birth defect the family can take action against the drug manufacturer in a suit for product liability.

A birth defect may also be caused through exposure to prescription drugs or toxic chemicals, as well as other environmental factors during the first three months of pregnancy, a crucial time for development. If your child is suffering from a birth defect that may be caused by medication, a birth defect lawyer will be able to guide you on your legal options.

Drug manufacturers must test their products thoroughly before they release them to the public. They also have to provide warnings regarding possible side effects. A birth defect lawyer can help parents who want to sue a drug manufacturer for selling drugs that cause birth defects.

Several types of medications can cause birth defects such as non-steroidal anti-inflammatory drugs (NSAIDs), lithium angiotensin II antagonists and cancer medications like thalidomide and diethylstilbestrol. The lawyers at LK's medical malpractice firm have won billions for families whose children sustained injuries as a result of the usage of these and other drugs. The firm has also litigated many cases where children were injured due to toxic chemicals in the workplace or by environmental pollutants.

Pregnancy

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences a woman will experience in her life. If something goes wrong during this time, the consequences can be devastating. Birth defects of grave concern could affect the brain, heart, limbs or overall body function. This could cause the child to live a shorter lifespan and cause great suffering for their parents.

While certain birth defects are genetic, other could be caused by mistakes of medical professionals and hospital staff. This includes prescribing drugs that could cause birth defects, or administering the wrong dose. It could be as easy as failing to monitor the health of the fetus or expose the mother to harmful chemicals while she is pregnant.

If a parent feels that their child's birth defect or birth injury is due to negligence on the part of a doctor, they should seek out an New York birth defect attorney right away. A lawyer can assist in determining the best course to take and how much compensation a parent may be entitled to.

Birth defects can be a tragic consequence of medical malpractice, drug exposure, environmental causes 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 if you believe that the condition of your child was caused by the negligence of another. Call us today toll-free to schedule a free case strategy session.