Why It Is Important to Hire a Birth Defect Lawyer
When you discover that your child is born with a birth defect, what could have been an exciting time can quickly turn into a time of worry and anxiety. It is imperative to contact a medical malpractice or birth defect lawyer right away.
You will need to gather bills as well as receipts, credit cards payments, and other evidence of your losses to get full reimbursement for your losses. We have represented family members in lawsuits against large electronics companies, agricultural pesticide producers and commercial growers.
Medical Malpractice
Medical malpractice or errors that occur during pregnancy are the reason for many birth defects. Certain of these problems are more serious than others but they can be all detrimental to the child and loved ones. An attorney for medical malpractice can assist in determining if the doctor made an error that caused the injury or defect.
Certain birth defects can be detectable through screening tests that doctors carry out during pregnancy. If these tests are conducted and interpreted correctly, the parents can be informed of the possibility that their child will have an abnormal birth. This information could permit them to terminate the pregnancy, or at a minimum, prepare for the child’s birth and treatment. If the physician fails to take or interpret the results of these tests, or if they fail to notify the parents of the results, this could be deemed medical malpractice.
Medical treatments for birth defects are usually expensive. They can include surgeries, specialists, medication physical and speech therapies, and assistive equipment. A lawsuit for wrongful birth could help ease the burden of these costs. This will enable families to provide the care their child requires. Medical malpractice claims are often complex and time-sensitive. Therefore, it is important to seek out an experienced attorney as soon as you can.
Prescription Drugs
Despite recent advances in medicine and advances in technology, birth injuries and birth defects are possible. Birth injuries and birth defects can be mild or severe, and they often require ongoing medical attention. In some instances they can even lead to death. A Boston dangerous drug lawyer can help parents recover compensation for their child’s present and future medical expenses, including hospital procedures as well as doctor’s visits rehabilitation services, assistive devices and more.
When a physician prescribes a medication to an expectant mother that increases the chances of her child’s having a Birth defect attorney defect, they might be guilty of medical malpractice. They have a duty to be aware of the medications that can affect the development of the fetus and to not prescribe drugs harmful to the foetus.
Teratogens are prescription medications that increase the chance of having a birth defect. They include anti-seizure medication such as Dilantin, Lamictal, Tegretol and Topamax. The FDA has issued warnings against the use of these drugs during pregnancy. They may increase the risk of cleft lips and cleft palates, and the brain, lung and heart abnormalities. These drugs can also lead to miscarriage in women who are pregnant, or nursing. Parents can sue doctors, manufacturers of the medications and the pharmacists who dispensed the medications for failing to warn them of the risks.
Toxic Chemicals
If a child is born with a birth defect, the parents often wonder what was the cause. The truth is that a number of different factors can cause a birth defect, from the effects of medications to toxic chemical exposure in utero.
According to the Centers for Disease Control (CDC) 1 in 33 babies are born with a birth deformity. These conditions may be mild or severe and, in some cases, life-threatening. Most of the time, a birth defect is an unfortunate genetic defect that occurs through no fault of the mother. However, a large percentage of birth defects are the result of exposure to chemicals or other environmental factors which occurs during the womb. These chemicals are referred to as teratogens. They increase the likelihood of irreversible functional or structural problems in offspring.
There’s a vast array of industrial chemicals that have been linked to birth defect lawsuit defects as well as other reproductive harms and millions of people across the country are exposed them on a daily basis. From technology and semiconductor factories with clean rooms, to pesticides in nurseries and farms as well as automobile, plastics and paint manufacturing facilities the list of harmful chemicals is lengthy.
It’s not typical for companies not to warn their customers about the dangers that could be posed by these chemicals. LK’s birth defect attorneys can assist families fight big corporations that place profits ahead of the health and safety of their workers and children.
Environmental Exposure
Parents can be extremely disturbed due to a birth defect in a child as they have to provide medical assistance for the entire life of their child. The severity of the condition, some birth defects can result in lifelong physical and mental disabilities for the infant.
While some birth defects are not preventable due to genetics, many others are caused through exposure to chemicals or environmental factors during pregnancy. This could be due to prescription drugs or toxic chemicals that could be ingested by mothers or from chemical substances that have caused contamination of the groundwater or air in the community.
In addition to medical malpractice, birth defect lawsuits are filed against individuals or businesses who are accountable for the child’s injury. If a doctor prescribes medication that increases your child’s chance of having a birth defect they could be held accountable.
It is also true for people or businesses who expose their employees to harmful chemicals and other substances. Numerous studies have demonstrated that exposure to fungicides, pesticides in combination with lead, metals, and paints can increase the likelihood of having a child born with certain birth defects. In order to combat this issue there were lawsuits filed against beauty salons and cleaning companies as well as semiconductor manufacturing facilities and painting factories. The development of a Web-based, integrated Birth Defects Surveillance System for New York State. Wang, Y., Tao, Z., Steen, P.M., Cross, P.K., Druschel, C.M. Hwang, S.-A. Journal of Public Health Management & Practice. 14(6): E1-E10. 2008.
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