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Birth Defect Lawsuits

Although medical advances have decreased the risks of pregnancy, negligence is responsible for numerous birth defects and injuries. Whether through chemical exposure at work or improperly prescribed drugs, parents who are stunned often have the right to seek compensation.

In many states the statute of limitation is just one year. It is therefore important to seek legal counsel early as possible. A knowledgeable attorney can guide clients and help them determine the value of their case.

Medical Malpractice

Medical malpractice claims may occur at any point during labor or birth. If a doctor fails adhere to the accepted standards of care and that inability causes birth defects or injuries, they may be liable for a medical malpractice claim.

Doctors are accountable to evaluate the pregnant mother's current medication in light of any health issues she may suffer from, and informing the mother of possible dangers to her child. A physician who ignores their responsibilities and causes harm could be held accountable for medical negligence.

A birth defect lawyer will help you determine if an action for medical malpractice is a valid one and guide you through the legal process. Because of the sensitive nature of a medical malpractice claim you must find an experienced lawyer that you trust.

The earlier you begin the earlier you begin, the better. A qualified birth defect attorney can assist you with filing the claim before the state's statute of limitation expires. Most states only give you a single year to file a medical negligence lawsuit, and the process of settling such a tragic event takes time. You need a lawyer who is able to quickly collect the necessary records and gather evidence to support your case. This is particularly true when you believe that your baby was injured as a result of medical negligence. The earlier you file a lawsuit the more evidence you have to back your claim.

Environmental Causes

Although birth defects resulting from genetic causes constitute a significant portion of all cases, environmental causes can also play a role. These factors are not always recognized by scientists but could be the mother's exposure at home or work to toxic chemicals. Solvents, paint thinners and engraving substances, as well as cleaning fluids and metal alloys can increase the chance of a child developing a birth defect. These kinds of exposures were the basis of birth defect lawsuits that Lawyers from LK filed on behalf of clients who worked in beauty salons and paint factories and semiconductor manufacturing plants.

The majority of birth defects that are severe are caused by environmental or genetic causes. These factors cannot be prevented through lifestyle choices or medical treatments. Scientists and physicians still have difficulties diagnosing the cause of the specific birth defect. The only way of reducing the amount of birth defects is to educate women who are expecting and help them be careful with their choice of foods, drugs and lifestyle choices.

A medical malpractice suit involving a born defect is different than the standard personal injury case in that it requires a deep understanding of both legal and medical issues. Our birth defect lawyers are well-versed with the complex nature of these cases and will fight for the compensation you are due.

Drugs

The use of medications during pregnancy can cause birth defects which can cause facial and limb abnormalities as well as eye disorders, brain and spinal cord issues, and many other conditions. If the drug results in a birth defect, families can sue the drug maker in a product liability suit.

A birth defect could also be caused due to exposure to prescription medications and toxic chemicals as well as other environmental factors in the first three months of pregnancy, a crucial period for growth. A birth defect lawyer can help you determine your legal options if your child's birth defect might be caused by medication.

A majority of drug manufacturers are required to test their products thoroughly before releasing them to the public. Additionally, they must inform consumers regarding the possible adverse side effects. If a company is found to be selling products that cause serious birth defects, the parents can pursue compensation in a lawsuit with the help of a birth defect lawyer.

NSAIDs including lithium, angiotensin II antagonists and cancer drugs such as thalidomide, diethylstilbestrol, and others can all cause birth defects. The medical malpractice lawyers at LK have won billions for families whose children suffered injuries due to the use of these and other drugs. The firm has also brought cases where children suffered from exposure to toxic chemicals at work, or from environmental pollutants.

Pregnancy

Pregnancy can be one of the most exciting and anxiety-inducing experiences a woman will experience in her life. However, if anything goes wrong during this period, the consequences can be devastating. Serious birth defects can damage a child's limbs, the brain, heart, or general body functioning. This could cause the child to live a shorter life and cause a lot of pain for their parents.

While certain birth defects are genetic, others could be caused by negligent actions of medical practitioners and hospital personnel. This can include prescribing medication that may cause birth defects, or administering the wrong dose. It could be as simple as an inability to monitor the health of the fetus, or expose the mother to harmful chemicals when she is pregnant.

If a parent suspects that their child's birth defect or birth injury is due to negligence on the part of a doctor, they should contact a New York birth defect attorney immediately. A lawyer can assist in determining the best path to take and the amount of compensation a parent might be entitled to.

Birth defects are a tragic result of medical malpractice, environmental factors, exposure to drugs or a combination. The experienced New York birth defect lawyers at Finz & Finz on Long Island and in New York City can help should you believe that the condition of your child was caused by the negligence of another. Call toll-free today for an initial consultation on your case strategy.