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When you learn that your child is born with a birth defect what could have been an exciting time can quickly become one of anxiety and uncertainty. It is essential to speak with an attorney for medical malpractice and birth defect lawyer as soon as you can.
You'll need to gather bills, receipts, credit card payments, and other evidence of your losses in order to get full compensation for your losses. We have successfully represented families in claims against big electronics firms, agricultural pesticide manufacturers and commercial growers.
Medical Malpractice
Medical malpractice or mistakes that occurred during pregnancy are the reason for many birth defects. Some of these issues are more severe than others, but all birth injuries or defects can be devastating for the baby and their loved ones. A medical malpractice lawyer can help determine if the doctor made an error that caused the defect or injury.
Doctors can spot some birth defects by performing screening tests during pregnancy. These tests can be conducted and correctly to inform parents of the possibility that their child could have a birth defect. This information can permit them to terminate the pregnancy, or at least prepare for the child's birth and treatment. Medical malpractice can be a problem when a doctor fails to interpret or carry out these tests or when he or she fails to inform parents of the results.
Birth defects and medical treatments are typically expensive. These treatments can include surgeries, specialists, medication physical and speech therapies and assistive devices. The money awarded in a wrongful birth lawsuit could aid in easing the financial burden associated with these costs which will allow families to receive the help their child needs. Medical malpractice lawsuits are extremely complicated and time-sensitive, which is why it's crucial to engage a reputable attorney as soon as possible.
Prescription Drugs
Although the advancement of technology and advancements in the medical field have drastically reduced the chance of birth injuries and defects but they are still a possibility. Birth defects that are severe or mild and injuries often require lifelong medical attention. In some instances, they may even lead to death. A Boston lawyer for dangerous drugs can help parents recover compensation to cover medical expenses in the near and in the future, including hospitalizations and doctor's appointments, rehabilitation services, assistive equipment, and more.
A physician could be committing medical error if they prescribe medication for a pregnant woman that increases her child's risk of developing a birth deformity. They have a duty to know which medications could negatively affect fetal growth and to not prescribe harmful drugs to the baby's fetus.
Prescription medications that increase the risk of having a birth defect are known as Teratogens. They include anti-seizure medicines such as Dilantin, Lamictal, Tegretol and Topamax. The FDA has warned against using these drugs during pregnancy. They may increase the risk of developing cleft lips and cleft palates, as well as brain, lung and heart abnormalities. These medications also pose a risk of miscarriage for women who are breastfeeding or pregnant. Parents can sue doctors, drug manufacturers and pharmacists for failing warn of the dangers.
Toxic Chemicals
Parents often wonder what caused their child to be born with a birth defect. In reality, many different factors could cause a birth defect, from medication side effects to exposure to toxic chemicals in utero.
According to the Centers for Disease Control (CDC) 1 out of 33 babies are born with a birth deformity. These problems can be minor or serious or even life-threatening. Most of the time birth defects are an unfortunate genetic anomaly that occurs at no fault of the mother. However, a substantial portion of birth problems are the result of environmental or chemical exposure that takes place during the womb. These are known as Teratogens and increase the chance of developing functional or structural problems that cannot be reversed in offspring.
There are a huge variety of industrial chemicals that have been linked to birth defects and other reproductive harms, and a lot of people across the country are exposed them each day. The list of chemical hazards that may be harmful is long, covering semiconductor and technology manufacturing facilities with clean rooms, to pesticides that are used on farms and nurseries and plastics, paint, automobiles, and paint manufacturing facilities.
A lot of the time, the companies that make these chemicals don't properly test them for their possible effects on humans and it's not uncommon to see them fail to include adequate warnings in their products or services. The birth defect lawyers at LK can assist families fight big corporations that place profits before the safety and health of their employees and children.
Environmental Exposure
Being a parent of a child who has a birth defect can be extremely stressful for birth defect Lawyer parents as it will require medical care throughout the lifetime of their infant. Some birth defects can lead to mental and physical disabilities in the baby for life depending on the severity.
Some birth defects cannot be prevented due to genetics. However exposure to chemicals or environmental factors can trigger a variety of other. These include prescription drugs or toxic chemicals that a mother may ingest, or chemical substances that have contaminated air or groundwater.
Aside from medical malpractice, birth defect lawsuits may be filed against individuals or businesses that are accountable for the child's injury. For instance, if a doctor prescribes a medication which increases the risk of your child's birth defect and they are held responsible.
The same is true for companies or individuals who expose workers to dangerous chemicals and other substances. Numerous studies have demonstrated that exposure to pesticides or fungicides, as well as metals, paints, and lead can increase the chance of a child developing certain types of birth defect attorney defects. In order to solve this issue the courts have filed lawsuits against beauty salons as well as metal cleaning facilities 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. and Hwang, S-A. Journal of Public Health Management & Practice. 14(6): E1-E10. 2008.
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