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Learning that your child has a birth defect can turn what was supposed to be an exciting time into an anxious and uncertain one. Contact a medical malpractice lawyer and a birth defect lawyer as soon as you can.
You'll need to gather bills and receipts, Birth defect credit card payments, and other evidence of your losses in order to be able to claim full compensation for your damages. We have successfully represented family members in claims against large electronics firms, agricultural pesticide producers and commercial growers.
Medical Malpractice
Many birth defects are caused by medical errors or negligence that occurred during pregnancy. Some of these problems are more severe than others but they can be all detrimental to the child and loved ones. A medical malpractice lawyer can determine if the doctor committed an error that caused the injury or defect.
Doctors can identify some birth defects by conducting screening tests during pregnancy. These tests can be conducted and properly to inform parents of the possibility that their child may have a birth deformity. This information will allow them to choose to terminate the pregnancy, or at least prepare for the child's birth and treatment. Medical malpractice is a crime when a doctor fails to interpret or perform these tests or in the event that he or she fails to inform the parents of the results.
Treatments for birth defects are usually expensive. They can include procedures, specialists, medications, physical and speech therapies and assistive devices. A wrongful birth lawsuit could help ease the cost of these expenses. This will enable families to provide the support their child requires. Medical malpractice cases are complex and time-sensitive, therefore it is crucial to find an experienced attorney as quickly as you can.
Prescription Drugs
Despite the advances in medical science and modern technology birth problems and injuries are possible. Birth defects that are serious or moderate and injuries typically require a lifetime of medical care. In some cases they may even cause death. A Boston dangerous drug lawyer can assist parents obtain compensation for their child's current and future medical expenses, which include hospital procedures as well as doctor's visits, rehabilitation services, assistive devices and more.
A physician could be committing medical malpractice if they recommend a medication to a pregnant woman that increases the chance of her child developing a birth deformity. They have a duty to be aware of which medications may negatively affect fetal growth and not prescribe drugs harmful to the baby's fetus.
Prescription medications that increase the risk of a birth defect are referred to as Teratogens. They include anti-seizure drugs like Dilantin, Lamictal, Tegretol and Topamax. The FDA has issued a warning against the use of these drugs in pregnancy. These medications increase the risk of cleft palates, cleft lips and heart, lung and other brain abnormalities. They also increase the chance of miscarriage in women who are pregnant or breastfeeding. Parents may sue doctors, drug manufacturers and pharmacists for failing warn about the risks.
Toxic Chemicals
If a child is born with a birth defect parents often ask themselves what was the cause. However, many different factors can trigger a birth defect, from drug-related side effects 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 can be anything from minor to severe and can even be life-threatening. The majority of the time birth defects are an unfortunate genetic anomaly that happens through no fault of the mother. Birth defects are often caused by chemical or environmental exposure in the womb. These chemicals are called teratogens. They increase the risk of structural or functional abnormalities 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 many people across the country are exposed to them every day. From technology and semiconductor factories with clean rooms to pesticides used in nurseries and farms as well as automobile, plastics and paint manufacturing plants 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. The birth defect attorneys at LK can help families fight back against large corporations that put profits over the safety and health of their employees and children.
Environmental Exposure
Parents may be very upset by a child's birth defect because they will need to provide medical care throughout the life of their child. The severity of the condition, certain birth defects can result in lifelong physical and mental impairments for the baby.
Certain birth defects cannot be prevented due to genetics. However exposure to chemicals or environmental factors can cause a myriad of other. These include prescription medications as well as toxic chemicals that the mother could ingest, or chemicals that have been contaminated by groundwater or air.
Apart from medical malpractice, birth defect lawsuits can also be filed against businesses or individuals that are accountable for the child's injuries. If a physician prescribes a medication that increases the likelihood of developing a birth defect they could be held responsible.
It's also the case for those who expose their workers to harmful chemicals and substances. Numerous studies have demonstrated that exposure to pesticides and fungicides along with paints, metals and lead may increase the likelihood of a child developing certain types of birth defects. In order to combat this issue lawsuits were filed against beauty salons, metal cleaning operations, as well semiconductor manufacturing facilities and painting factories. Web-based integrated birth defect surveillance in New York State. Wang, Y., Tao, Birth Defect 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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