5 Laws Anybody Working In Birth Defect Compensation Should Know

Birth Defect Attorneys

One out of 33 babies is born with an injury or birth defect. A skilled and compassionate birth defect lawyer can assist parents seek compensation for therapy, medical, and other expenses related to a child's handicap.

Even though doctors strive to be flawless, negligence or malpractice may increase the risk of birth defect and injuries. A Boston birth defect lawyer can help parents recover damages.

Medical Malpractice

A medical condition that a child is suffering from at birth can have devastating effects for the entire family. Although these conditions are typically caused by genetics, they could also be caused by medical malpractice. A Rochester birth injury lawyer can determine if medical professionals involved in the birth of your child exhibited medical negligence.

Medical malpractice can be a result of a doctor who does not follow the professional standards of their field. This means taking basic steps to avoid complications during labor and birth. A birth injury lawyer will examine all the information related to your child's case including medical records, and then work with experts in the field of medicine to determine if your doctor breached the standard of care.

Physical trauma can cause injuries that range from minor to life-threatening during a difficult delivery. However, a lot of these injuries can be prevented by doctors who follow appropriate medical procedures. In many cases, these types of medical mistakes are caused by negligence and medical malpractice. The legal team at the Burton Law Group specializing in medical malpractice has assisted many parents who are devastated to find out what they really believe and secure the compensation they deserve for the injuries their child sustained. For more information on how we can assist you, contact us today. The laws of the state where you live set deadlines, also known as statutes within which you have to file a lawsuit against the defendant. These statutes differ depending on the nature of the claim you're making (e.g., medical malpractice).

Defective Products

Parents want healthy and perfect children, but medical negligence, carelessness or malpractice can increase the chance of birth defects. This can result in wrongful death or permanent injury of the infant. A dedicated birth defect lawyer can assist with a lawsuit against the responsible party or other parties.

Birth defect lawyers can also investigate and prosecute cases involving the wrongful exposure of pregnant women to toxic chemicals and substances at work or in their home environment. Studies have revealed that common industrial and household chemicals and products, such as lead paint, fungicides, and chemically treated water, can increase the risk of birth defects. A knowledgeable attorney will fight companies that expose a pregnant mother to dangerous chemicals or toxic substances during the course of pregnancy. They may also seek financial compensation for their family members.

Birth injury lawsuits that involve medical negligence are similar to other personal injury lawsuits, like car accidents and defective product cases. However, doctors and other medical professionals are held to a higher standard of care because of their education level and the trust that is placed in them by their patients. Additionally, a lot of birth injury lawsuits could be viewed as a kind of wrongful death lawsuit if the child suffers from an extreme handicap that requires special treatment.

Prescription Drugs

Birth defects are serious illnesses that alter the appearance or function of certain parts of the body. They range from mild to severe, and can severely affect the health of a newborn. They can cause severe emotional, medical, and financial problems. In some instances, they can even be fatal.

Many birth defects are genetic and caused by flaws in the chromosomes of either the father or mother. In certain cases, however, they can be caused by environmental factors. This includes exposure to prescription medicines and toxins or substances that have a teratogenic effect.

A few commonly-used medications include the morning sickness drug Zofran, anti-seizure medicines including Topiramate and Valproate, and non-steroidal anti-inflammatory medications (NSAIDs) have been linked to a variety of birth defects. These include eye defects, limb defects, brain and spinal cord deformities, and other issues. Seizure medications have been linked with miscarriages.

A birth defect lawyer can assist parents with determining whether a child's birth defect was the result of a medication that was taken by the mother during pregnancy. Doctors are required to prescribe only drugs that are safe to use by pregnant women. They also have to inform patients of the potential dangers. A doctor who is not able to meet this responsibility is liable for any birth injuries or defects.

Environmental Exposure

Birth defects can be defined as changes to the structure of one or more parts of the body of a newborn. Other factors can influence the development of birth defects. Most are genetic and occur during the womb. Other factors include environmental toxins, medication that are taken during pregnancy by the mother as well as exposure to teratogenic chemical substances or drugs. These cases require the assistance of experienced dedicated birth defect lawyers.

A birth defect lawyer can help families pursue a lawsuit against the physician, drug manufacturer or other individual or entity responsible for a baby's birth defect. If the medical procedure, medication, or exposure of a toxic substance is the cause of birth defect, the physician, drug maker as well as other entities could be held responsible.

Waters Kraus & Paul is a firm that is able to handle complex cases, including birth defects caused by exposure to chemicals, industrial solvents, and environmental contaminants. They also deal with prescription drug cases. A partner of the firm, David Strouss has prosecuted some of the nation's first birth defects lawsuits that resulted from parental exposure to industrial solvents (such as glycol ethers) and has also handled claims regarding agricultural workers and residents who were downwind from spraying or drifting pesticides. Other firm partners, Ilana Waxman and Evan Hoffman focus on environmental contamination, including cases that involve asbestos, toxic tort and whistleblower lawsuits.