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Learning that your child has a birth defect can turn what should have been a joyous time into an uneasy and uncertain experience. It is imperative to contact an experienced medical malpractice and birth defect law firms defect lawyer immediately.
To get the full amount of compensation you deserve, you'll need to collect all your receipts, bills and credit card transactions. We have successfully represented families in claims against big electronics firms, agricultural pesticide makers and commercial growers.
Medical Malpractice
Many birth defects are caused by mistakes in medicine or malpractice that occurred during the pregnancy. Some of these issues are more severe than others, but any birth defect or injury can be devastating for the child and the family members who love them. A medical malpractice lawyer can determine if the doctor knowingly made an error that caused the defect or injury.
Some birth defects are capable of being detected through screening tests that doctors carry out during pregnancy. When these tests are carried out and properly, parents will be aware of the risk that their child could have an abnormal birth. This information may let them decide to end the pregnancy or at a minimum, prepare for the child's birth and treatment. If the doctor is unable to take or interpret the results of these tests or fails to inform parents of the results, it could be deemed medical malpractice.
Treatments for birth defects are often expensive. They can involve surgery, specialists, medications speech and physical therapy, and assistive devices. A lawsuit based on wrongful birth can help alleviate the burden of these costs. This will enable families to provide the services their child requires. Medical malpractice claims can be complicated and time-sensitive. It is therefore essential to hire an experienced attorney as soon as you can.
Prescription Drugs
Although the advancement of technology and advancements in the medical field have drastically reduced the risk of birth injuries and defects but they are still a possibility. Birth injuries and birth defects may be minor or severe and require life-long medical care. In some instances, they even cause death. A Boston lawyer for dangerous drugs can assist parents in obtaining compensation to cover their child's medical expenses now and in the future, such as hospitalizations, doctor's appointments, rehabilitation services, assistive equipment, and more.
A doctor could be guilty of medical negligence if they prescribe a medication to a pregnant woman who increases the risk of her child developing a birth deformity. They are required to be aware of what medications affect fetal development and not prescribe drugs harmful to the embryo.
Teratogens are prescription drugs that increase the chance of having a birth defect. They include anti-seizure medication like Dilantin, Lamictal, Tegretol and Topamax. The FDA has advised against taking these medications during pregnancy. These medications may increase the risk of having Cleft palates, cleft lips and lung, heart and other brain abnormalities. These medications also pose a possibility of miscarriage among women who are pregnant or nursing. Parents can sue the doctors, the manufacturers of the drugs, and the pharmacists who dispensed them for failing to warn about the risks.
Toxic Chemicals
When a baby is born with a birth defect, parents often wonder what caused it. The truth is, there are a variety of factors that can cause a birth defect, from side effects of medication to exposure to toxic chemicals in utero.
According to the Centers for Disease Control, 1 in 33 babies are born with a birth defect. These ailments can be anything from minor to severe and can even be life-threatening. A lot of the time birth defects are an unfortunate genetic defect that occurs at no fault of the mother. Birth defects are often caused by chemical or environmental exposure during the womb. These chemicals are known as teratogens and increase the risk of irreversible structural or functional abnormalities in offspring.
There are a myriad of industrial chemicals that have been linked to birth defects as well as other reproductive harms and many people across the country are exposed to them every day. The list of chemical hazards that may be harmful is long, covering semiconductor and technology factories that have clean rooms, to pesticides used on nurseries and farms as well as automobile, paint, plastics, and paint manufacturing facilities.
A lot of the time, corporations that produce these chemicals do not 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 and services. LK's birth defect attorneys can assist families in fighting big corporations that place profits ahead of the health and safety of their employees and children.
Environmental Exposure
Being a parent of a child who has a birth defect can be extremely stressful for parents as it requires medical attention throughout the lifetime of their infant. Certain birth defects can result in mental and physical disabilities for the baby for life depending on the severity.
While certain birth defects are inevitable due to genetics, many others can be triggered by exposure to chemicals or environmental elements during pregnancy. These can include prescription drugs or toxic chemicals that could be consumed by the mother, or even from chemicals that have caused contamination of the groundwater or air in a community.
Aside from medical malpractice, birth defect lawsuits can be brought against businesses or individuals that are accountable for the injury suffered by the child. For instance, if a doctor prescribes a medication that increases the likelihood of the birth defect of your child, they may be held responsible.
The same is true for companies or individuals who expose employees to hazardous chemicals and other substances. Numerous studies have shown that exposure to pesticides or fungicides along with paints, metals, and lead may increase the risk of children developing certain types of birth defect. To tackle this issue there were lawsuits filed against beauty salons, metal cleaning operations as well as semiconductor manufacturing facilities and painting factories. 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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