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If you have a child with a birth defect that was caused by negligence, then you are entitled to compensation. These damages can include medical expenses as well as lost income and punitive damages, in certain instances.
A Pompano Beach injury attorney can assist you in recovering compensation to cover the injuries your child sustained as well as future medical expenses. Common causes of birth defects include medical malpractice, defective drugs, and toxic exposure.
Medical Malpractice
The medical professionals who care for your child can have a significant impact on the future of your family. If they make a mistake which causes birth defects or injuries, your child could face years of financial hardship and physical and emotional challenges throughout their lives.
Birth injury attorneys can help you bring a case against those who may be responsible for your child's medical problems regardless of whether it was the hospital or doctor who committed a mistake during the birth and labor process or if the cause of the birth defect of your child was something that occurred to your baby prior. A Queens birth defect lawyer can review your situation and provide valuable insights, and connect you with medical experts to analyze the evidence.
A doctor might make a mistake that leads to birth defects, for example, if they prescribed medication which increased the chances of your baby's condition or when they failed to carry out certain tests and screenings during pregnancy. These are examples of medical negligence that could be the basis for a lawsuit. If you believe that a medical mistake caused a birth defect in your child, you are entitled to compensation for your past and future health-related expenses. A successful lawsuit can also be compensated for the loss of income, your emotional distress, as well as any other losses you've suffered.
Defective Drugs
Prescription drugs, over the counter drugs, chemical exposure at work or home, and environmental hazards are all at fault for a variety of birth defects. Unfortunately, these medical conditions can be very costly. Parents often wonder what caused their child's health condition and where to turn if costs for costly treatments and procedures start to pile up.
Drug makers must ensure that their products are tested thoroughly before they sell their products and must anticipate any potential adverse reactions. If they fail to do so and are found to be negligent, they could be liable for product liability lawsuits filed by affected consumers. An experienced birth defect attorney can help determine if the defective medication is responsible for the health issues of your child.
If you suspect that the birth defect you are seeing in your child is caused by drugs, note your symptoms and save the package and receipts. You should also record the date that you first observed your child's symptoms. This information is vital for determining the statutes of limitations.
If your child was exposed to a toxic substance that contributed to the condition, you have only one year to make a claim. An experienced birth defect attorney can help you create an impressive case and ensure that your child's rights are secured. They can also provide the financial support you need to pay for the necessary treatment.
Toxic Exposure
Birth defects are serious conditions that change the structure of one or more areas of a baby's body. They could be caused by environmental toxins, side effects of certain medications or genetic or chromosomal anomalies.
The team at Levy Konigsberg LLP is dedicated to helping families learn about the causes of birth defects and how they can seek compensation from the responsible parties. Our attorneys collaborate with a group of medical experts to determine whether an individual birth defect is caused by chemical exposure or other environmental factors.
David Strouss, Birth defect Attorney managing partner and senior trial attorney is a pioneer when it comes to birth defects litigation. He defends clients against large corporations that have exposed them toxic chemicals. He has handled thousands of cases across the nation and around the world. He was the prosecutor in some of the first birth defect lawsuits that involved glycol ether and other solvent exposures in semiconductor manufacturing and in the agricultural industries; pesticide sprays or drift exposures by crop dusters, and exposure to heavy metals, such as lead.
Victoria Phillips focuses on complex product liability litigation as well as birth defect cases. She graduated with a magna laude from Williams College and from Columbia Law School. She was an Assistant District Attorney in Manhattan's District Attorney's Office before joining the firm. She has recouped millions of dollars in settlements for clients and is an expert in all kinds of litigation including mass torts and class action claims.
Product Liability
While medical advances have greatly reduced the risks that come with childbirth, birth injuries and birth defects are typical. These conditions can have a significant impact on the lives of parents and children.
While many birth defects or injuries are the result of environmental or genetic factors, they can also result from the negligence of health professionals during the birth or delivery. These errors can include prescribing inappropriate medications or failing to check the mother for signs prenatal damage.
The distinction between a birth injury and a birth defect could be confusing. Although birth injuries can occur during labor and delivery and birth defects are a result of the womb, and often have a long-term impact on the fetus's overall body structure or function.
If a baby is born with a birth defect due to someone else's negligent act or inability to act the way it should, the child could be entitled to compensation. The compensation is paid to the person who suffered, and it is placed in trust on behalf of the child.
At Phillips & Paolicelli, our Queens birth defect attorneys focus on the environmental causes that cause these disorders and work with a national network of lawyers to investigate allegations of exposure to teratogen chemicals that are linked to congenital disabilities, developmental delays, and other serious birth defects. Our managing partner Diane Paolicelli has dedicated her 30-year legal career to vindicating women who have been exposed to arsenic, mercury, and other toxic heavy metals and chemicals that cause birth defects and reproductive issues in children.
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