Birth Defect Compensation: The Good The Bad And The Ugly
Birth Defect Attorneys
One in 33 babies is born with an injury or defect that occurs during birth. A skilled and compassionate birth defect lawyer can assist parents obtain compensation for medical, therapy, and other expenses related to the child's disability.
Even though doctors strive to be flawless, negligence or malpractice may increase the chance of birth defects and injuries. A Boston birth defect lawyer can assist parents obtain compensation for damages.
Medical Malpractice
A medical condition a child is born suffering from can cause devastating consequences for the whole family. These ailments may be caused by medical negligence, even though they are usually genetic. A Rochester birth injury attorney can determine if the medical professionals who participated in the birth of your child exhibited medical negligence.
A doctor could commit medical malpractice by not adhering to the standards of their field. This includes taking simple measures to avoid complications during labor and birth. A birth injury lawyer will look at all the information regarding your child's case including medical records, and then work with experts in the field of medicine to determine if your doctors have violated the standards of care.
Physical trauma can cause injuries ranging from minor to life-threatening in a difficult delivery. Many of these injuries can be avoided by doctors who follow proper medical procedures. In many instances, these kinds of medical mistakes are caused by negligence or malpractice. Burton Law Group, a legal team that specializes in medical malpractice cases in Oklahoma has assisted many parents who are devastated by their child's injuries to find out the truth and receive the compensation they deserve. Contact us now for more details about how we can help you. The state laws where you live set deadlines (also called statutes) within which you can start a lawsuit. The statutes vary based on what type of claim you bring (e.g. medical negligence).
Defective Products
Carelessness, medical negligence, or malpractice can cause birth defects. Parents want healthy babies and perfect babies, however these elements can increase the risk. This can result in fatal or irreparable injuries to the infant. A specialist lawyer for birth defects can help with a lawsuit against the responsible party or other parties.
Birth defect attorneys can also investigate and prosecute cases involving the improper exposure of pregnant women to toxic chemicals and substances at work or in their home environment. Studies have shown that common industrial and household chemicals and products, like lead paint, fungicides and chemically treated wastewater, can increase the risk of birth defects. A skilled attorney can fight the companies that might have exposed the mother to these dangerous chemicals or toxins (teratogens) during pregnancy and seek a substantial financial compensation for the victim's family.
Birth injury lawsuits that are based on medical negligence are similar to other personal injury cases such as car accident and claims for defective products. A doctor and other medical professionals are, however, required to adhere to a higher level of care because of their education and the trust that patients put in them. In addition, many birth injury lawsuits can be considered a type of wrongful-death suit if the child suffers from a serious handicap that requires special treatment.
Prescription Drugs
Birth defects are serious illnesses that affect the appearance or functionality of certain parts of the body. They can range in severity and can have significant effects on the health of an infant. They can cause serious emotional, medical, and financial challenges. In some instances, they could be fatal.
Many birth defects are genetic, caused by flaws in chromosomes of either the father or mother. In some instances they may be attributed to environmental factors. These include exposure to prescription drugs, toxins, or other substances that have a teratogenic affect.
Certain commonly prescribed medications include the morning sickness drug Zofran and anti-seizure medications like Topiramate and Valproate and non-steroidal anti-inflammatory drugs (NSAIDs) have been linked to certain birth defects. These include limb disorders and eye defects, heart defects as well as spinal cord and brain defects, and many other problems. Seizure medications have been linked to miscarriages as well.
A birth defect attorney can help parents determine if the birth defects of a child were caused by a drug taken by the mother during her pregnancy. Doctors are required to prescribe only drugs that are safe for use by pregnant women. They also have a duty to inform patients about potential dangers. If a doctor does not fulfill this duty, they could be held responsible for any birth injuries or birth defects that result from.
Environmental Exposure
Birth defects are structural issues in one or more of the anatomy of a baby. Other factors can also influence the development of Birth defect lawsuit defects. The majority of them are genetic and occur during the womb. This includes exposure to environmental toxins, medications that are taken by the mother, and the exposure to teratogenic chemicals and drugs. These cases require the assistance of experienced, dedicated birth defect attorneys.
A birth defect lawyer can help a family file a lawsuit against a doctor or drug maker, as well as any other individual or company responsible for the birth defect lawsuit defect of a baby. If a medical procedure or medication or exposure to a toxic substance is the cause of the birth defect, the doctor and the drug manufacturer as well as any other entities accountable for the mother's exposure can be held accountable.
Waters Kraus & Paul handles complicated cases, including birth defects resulting from exposure to environmental toxins, chemicals and industrial solvents, as well as prescription drugs. David Strouss, a partner at the firm, has handled the first birth defect lawsuits in the United States arising due to exposures by parents to industrial solvents such as glycol-ethers. He also handles claims from agricultural workers as well as residents who live in the vicinity of pesticides and spraying. Ilana Waxman, Evan Hoffman and other firm partners focus on environmental contamination. This includes asbestos, toxic torts and whistleblower lawsuits.