While advances in medicine have dramatically reduced the risk of the pregnancy process, many birth injuries and birth defects result from negligence. For example, whether it was due to 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 in many states is just one year. It is therefore crucial to contact an attorney early as possible. An experienced attorney can guide clients and help them determine the worth of their case.
Medical Malpractice
Medical malpractice claims may occur at any time during pregnancy, labor or delivery. Medical malpractice claims may be filed if a doctor does not follow the accepted standard of practice. This failure results in injury or birth defects.
Doctors are accountable for assessing the condition of an expecting mother’s current medications as well as any health issues she may have, and informing the mother of any risks to her baby. If a physician ignores these obligations and results in harm, they could be held accountable for medical malpractice.
A birth defect lawyer can help you decide whether a claim for medical malpractice is legitimate and guide you through the legal proceedings. A medical malpractice claim is a delicate issue, therefore you need an experienced lawyer you can count on.
The earlier you begin the faster you can get started. A qualified birth defect attorney will assist you in filing the claim before the state’s statutes of limitations expire. The majority of states allow you one year to file a medical malpractice lawsuit, and the process of settling such a tragic event requires time. You require a lawyer who can swiftly obtain the needed records and gather evidence for your case. This is particularly true when your baby suffers an injury from medical negligence, because the faster you initiate legal action and gather evidence, the more evidence you’ll need to support your claim.
Environmental Causes
Environmental factors also contribute to birth defects, despite the fact that genetics make up the majority of cases. These factors are often unknown to science and can include exposure to harmful chemicals or substances at work or home. These chemicals, for example solvents paint thinners, solvents processing materials, cleaning fluids and certain alloys of iron, can increase the chance of having a child develop birth defects. These kinds of exposures formed the basis of birth defect lawsuits that the lawyers at LK filed on behalf of clients who worked in beauty salons or paint factories, as well as semiconductor manufacturing plants.
The majority of birth defects that are severe are the result of environmental or genetic factors. These conditions cannot be avoided through lifestyle choices or medical treatments. Researchers and doctors have difficulty finding the root of the specific birth defect. The only way to decrease the incidence of birth defects is to educate women who are expecting and help them be careful with their choice of foods and medications as well as lifestyle choices.
A medical malpractice case involving the presence of a birth defect is different than the typical personal injury lawsuit in that it requires a deep understanding of both medical and legal issues. Our birth defect attorneys are knowledgeable of these complex cases and will fight for you to obtain the compensation you deserve.
Drugs
Pregnancy medications can cause birth defects. These include facial and limb anomalies or eye problems, brain and spinal cord issues among others. If a child suffers birth defects as a result of medication, the family may have a claim against the manufacturer in a lawsuit for product liability.
Birth defects can also result due to exposure to prescription medications, toxic chemicals, or other environmental factors during the first three months, which is an important time for growth. A birth defect lawyer can help you evaluate your legal options when your child’s birth defect might be due to medication.
A lot of drug makers are required to ensure that their products are tested thoroughly before releasing their products to the public, and they must inform consumers regarding the possible adverse side effects. If a company is found to be selling products that cause serious birth defects, parents can pursue compensation in lawsuits with the help of a birth defect lawyer.
Several types of medications can cause birth defects that include non-steroidal anti-inflammatory medications (NSAIDs) and lithium, angiotensin II antagonists, and cancer medications like thalidomide and diethylstilbestrol. The lawyers at LK’s medical malpractice firm have secured billions of dollars for families whose children sustained injuries as a result of the usage of these and other pharmaceutical drugs. The firm has also brought cases in which children suffered injuries from exposure to toxic chemicals at work, or from environmental pollutants.
Pregnancy
Pregnancy can be one of the most exciting, but nerve-wracking experiences in a woman’s life. If something goes wrong, the consequences could be serious. Birth defects that cause serious harm can affect the child’s limbs and heart, brain or overall body function. This can cause the child to live longer and cause a lot of pain for their parents.
While certain birth defects are genetic, other can be caused by the negligent actions of medical practitioners and hospital personnel. This includes prescribing drugs that can cause birth defects, or giving the wrong dose. It could be as easy as failing to monitor the fetus’s health or exposing the mother’s body to harmful chemicals during her pregnancy.
A New York birth injury attorney should be contacted as soon as possible by any parent who believes that the birth defect or injury of their child is the result of medical negligence. A lawyer will be able to assist them in determining the best way to proceed and the amount of compensation they may be entitled to.
Birth defects are often a tragic result of medical malpractice environmental exposure, drug exposure or a combination of factors. The knowledgeable 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 caused by the negligence of someone else. Contact us today for a free consultation.