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Birth Defect Lawsuits

Although advances in medicine have greatly reduced the risk of the pregnancy process, many birth defects and injuries are caused by negligence. It could be due to exposure to chemicals at work or improperly prescribed drugs, parents who are stunned often have an opportunity to pursue compensation.

Many states have a statute of limitations of only one year, so contacting an attorney sooner rather than later is essential. A skilled lawyer can guide clients through the process and help establish monetary value for their case.

Medical Malpractice

Medical malpractice claims can arise at any point in the pregnancy, labor, or the birth process. If a doctor fails to meet the accepted standard of care, and that is the cause of birth defects or injuries they could be held accountable for a medical malpractice claim.

Doctors are accountable for evaluating an expectant mother's current medications as well as any health issues she might be suffering from, and also advising the mother of possible risks to her unborn child. If a doctor does not fulfill their obligations and causes harm can be held responsible for medical malpractice.

A birth defect lawyer can help you determine whether a claim for medical malpractice is appropriate and help you through the legal process. Due to the delicate nature of a medical malpractice case, you need to find an experienced lawyer who you are confident in.

The sooner you start the earlier you start, the better. A qualified birth defect lawyer can assist you with filing your claim before the deadline for filing a claim in your state expires. Most states give you only one year to make a claim for medical malpractice, and it requires time to process such an incredibly serious incident. You need a lawyer who can work swiftly to obtain the necessary documents and gather evidence for your case. This is particularly true when your baby suffers an injury from negligence on the part of a doctor, since the quicker you take legal action, the more evidence you'll have to support your claim.

Environmental Causes

Environmental factors also play a part in birth defects, despite the fact that genetics are the primary cause of cases. These factors are not always recognized by scientists, but can include the mother's exposure at home or work to toxic chemicals. Solvents, paint thinners and engraving materials, as well as cleaning fluids and metal alloys may increase the likelihood of a child being born with a birth defect. These types of exposures have served as the basis of birth defect lawsuits filed by the attorneys of LK's on behalf clients who work in beauty salons, paint factories, and semiconductor manufacturing facilities, as well as other industries.

Unfortunately, the majority of severe birth defects result from environmental or genetic factors that are not preventable by lifestyle choices or medical treatment. Finding the antecedents to the birth defect is an unsolvable problem for both doctors and scientists. The only way of reducing the incidence of birth defects is to educate women who are expecting and encourage them to be cautious with their food choices, medications and lifestyle choices.

A medical malpractice case that involves a birth defect is different from a standard personal injury lawsuit because a birth defect lawsuit requires an understanding of both medical and legal issues. Our birth defect lawyers are familiar with the complexity of these cases and will fight to secure the compensation you are due.

Drugs

Pregnancy medications can lead to birth defects. These include facial and limb abnormalities or eye problems, brain and spinal cord issues, among others. If the medication causes a birth defect, the family can sue the drug maker in a suit for product liability.

A birth defect can also be caused by exposure to prescription medications or toxic chemicals, as well as other environmental factors during the first three months of pregnancy, which is a crucial time for development. A birth defect lawyer can help you understand your legal options should your child's birth defect could be due to medication.

Manufacturers of drugs are required to test their products thoroughly prior to they release them to the public. They must also offer warnings about possible side effects. A birth defect lawyer can assist parents who are suing the manufacturer of a drug for selling drugs that cause birth defects.

Many kinds of drugs can cause birth defects which include non-steroidal antiinflammatory drugs (NSAIDs), lithium angiotensin II antagonists and cancer medications like thalidomide or diethylstilbestrol. The medical malpractice lawyers at LK have won billions for families whose children suffered injuries due to the use of these and other pharmaceutical drugs. The firm has also defended cases in which children suffered from exposure to toxic chemicals at work, or from environmental pollution.

Pregnancy

Pregnancy can be one of the most exciting, yet stressful experiences in a woman's lifetime. However, if something goes wrong during this period, the results could be a lot more severe. Birth defects that are serious can affect the brain, heart and limbs as well as general body functioning. This can reduce the child's lifespan and cause immense suffering for their parents.

While some birth defects are genetic, other can be caused by the negligence of medical professionals and hospital staff. This could mean prescribing a medication that can cause birth defects, or giving the wrong dosage. It could also be as simple as not being able to monitor the fetus's health or exposing the mother to harmful chemicals during her pregnancy.

A New York birth injury attorney should be immediately contacted by a parent who believes that the birth defect or injury of their child is due to medical negligence. A lawyer can to assist in determining the best course of action and how much they may be entitled to.

Birth defects are often a tragic consequence of medical malpractice, environmental factors, exposure to drugs or a combination of causes. Finz & Finz, the experienced New York birth defects lawyers on Long Island and New York City can help if your child's condition is the result of negligence of another. Call toll-free today for a free case strategy session.