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When you learn that your child was born with a birth defect what could be an exciting moment can quickly become one of stress and uncertainty. Contact a medical malpractice lawyer and a birth defect lawyer as soon as you can.
You'll need to gather bills, receipts, credit card payments and other evidence of your losses to be able to claim full compensation for your damages. We have represented family members in lawsuits against large electronics firms, agricultural pesticide producers and commercial growers.
Medical Malpractice
Medical malpractice or errors that occur during pregnancy are the reason for many birth defects. Some of these issues are more severe than others however, they can be all devastating for the child as well as loved ones. A medical malpractice lawyer can help determine if the doctor knowingly made an error that caused the defect or injury.
Some birth defects are able to be detected by screening tests performed by doctors during pregnancy. These tests can be done and interpreted correctly to inform parents about the possibility that their child might be born with a birth defect. This information could enable them to decide to end the pregnancy or at a minimum, prepare for the child's birth and treatment. If the doctor does not conduct or interpret these tests or fails to inform parents of the results, this can be considered medical malpractice.
Treatments for birth defects are often expensive. These treatments can include procedures, specialists, medications, physical and speech therapies as well as assistive equipment. The compensation awarded by a wrongful birth lawsuit can assist in easing the financial burden due to these expenses making it easier for families to receive the treatment their child needs. Medical malpractice claims are highly complex and time-sensitive, so it's crucial to engage a reputable attorney as soon as possible.
Prescription Drugs
Despite the advancements in medical science and advances in technology birth injuries and defects are possible. Birth defects of a mild or severe nature and injuries typically require a lifetime of medical attention. In certain cases, they can even cause death. A Boston lawyer who is knowledgeable about dangerous drugs will help parents obtain compensation to cover medical expenses in the near and future, including hospitalizations, doctor's visits, rehabilitation services, assistive equipment and more.
If a doctor prescribes a medication to an expecting mother that increases the likelihood of her child developing a birth defect, they may be guilty of medical malpractice. They have a responsibility to be aware of the effects of medications on the development of the fetus, and not prescribe drugs that could be harmful to the fetus.
Prescription drugs that increase the risk of a birth defect are referred to as Teratogens. They include anti-seizure drugs such as Dilantin and Tegretol. The FDA has issued warnings regarding the use of these medications during pregnancy. These drugs can increase the risk for Cleft palates, cleft lips and lung, heart and other brain disorders. These drugs can also cause miscarriage for women who are pregnant, or nursing. Parents may take action against doctors, drug manufacturers and pharmacists for failing to warn of the dangers.
Toxic Chemicals
Parents often wonder the reason their child was born with a birth deformity. In reality, many different factors could cause birth defects, ranging from side effects of medication to exposure to toxic chemicals during utero.
According to the Centers for Disease Control (CDC) 1 out of 33 babies are born with a birth defect. These problems can be minor or serious and can be life-threatening. Most of the time a birth defect is the result of faulty genetics. However, a substantial portion of birth defect lawsuit problems are the result of exposure to chemicals or environmental factors that takes place in the womb. These chemicals are referred to as teratogens, and they increase the risk of irreparable structural or functional abnormalities in offspring.
There are a myriad of industrial chemicals that have been associated with birth defects as well as other reproductive harms and millions of people across the world are exposed to them each day. The list of potentially harmful chemicals is long, ranging from semiconductor and technology factories with clean rooms, to pesticides that are used on nurseries and farms as well as plastics, paint, automobiles, and paint manufacturing facilities.
A lot of the time, the corporations that produce these chemicals don't properly test them for their potential human-related effects, and it's not uncommon to see them fail to include adequate warnings in their products or services. The team of birth defect attorneys at LK can help families fight back against large corporations that place profits before the health and safety of their workers and their children.
Environmental Exposure
Being a parent of a child who has an anomaly in the birth process can be incredibly distressing for parents since it will require medical care throughout the lifetime of their infant. Depending on the severity of the condition, some birth defects can lead to lifelong physical and mental disabilities for the infant.
While certain birth defects are unavoidable due to genetics, many others can be triggered by environmental or chemical exposure during pregnancy. These include prescription medications or toxic chemicals that a mother may ingest, or chemical substances that have contaminated groundwater or air.
In addition to medical malpractice birth defect lawsuits may be brought against businesses or individuals who are responsible for the child's injuries. If a doctor prescribes medication that increases the chance of having a birth defect Lawsuit defect then they could be held responsible.
This is also true for individuals or businesses that expose employees to hazardous chemicals and other substances. Numerous studies have demonstrated that exposure to pesticides, fungicides and lead, as well as metals and click through the next document paints can increase the likelihood of having a child with certain types of birth defects. Because of this, lawsuits have been filed against beauty salons, metal cleaning operations, semiconductor manufacturing facilities, and paint factories because of their role in the development of serious birth defects in children. The development of a Web-based integrated Birth Defects Surveillance Program in 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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