Why Birth Defect Settlement Is More Risky Than You Think

Birth Defect Lawsuits

Although medical advances have drastically reduced the risks associated with pregnancy, many birth injuries and birth defects result from negligence. Parents who have lost their children due to chemical exposure at work, or the incorrect use of prescribed drugs are often able to seek compensation.

In many states the statute of limitations in many states is just one year. Therefore, it is crucial to contact an attorney as soon as you can. A knowledgeable attorney can guide clients and help them assess the monetary worth of their case.

Medical Malpractice

Medical malpractice claims can arise at any time during the pregnancy, labor or delivery process. A medical malpractice claim may be filed if a physician does not adhere to the accepted standards of practice, and this results in birth defects or injury.

Doctors should evaluate an expecting mother's current medications and take into account any health concerns she may have. They should also inform her of the possible risks for her unborn baby. If a physician fails to perform these obligations and causes harm it could be held accountable for a claim of medical malpractice.

A birth defect lawyer can help you decide whether the claim for medical malpractice is justified and guide you through the legal process. Medical malpractice claims are a delicate issue, therefore you'll need an experienced lawyer you can trust.

The sooner you start, the better. A competent birth defect lawyer can help you file the claim before the state's statute of limitation expires. Most states give you only one year to bring a lawsuit for medical malpractice, and it takes time to deal with such an incredibly serious incident. You require an attorney who can move quickly to gather the evidence and records that you need to prove your case. This is particularly important when you believe that your baby was injured due to medical negligence. The sooner you file a lawsuit, the more evidence you can gather to support your claim.

Environmental Causes

Environmental factors also are a factor in birth defects, even though genetics are the primary cause of cases. These factors are not always understood by scientists but could be the mother's exposure at work or home to harmful chemicals. Solvents, paint thinners and engraving substances, as well as cleaning fluids and metal alloys may increase the risk of a child having a birth defect. These types of exposures have been the basis of birth defect lawsuits filed by LK's attorneys 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 are a result from environmental or genetic causes which cannot be controlled by lifestyle choices or medical treatment. Medical professionals and scientists are having difficulties finding the root of the birth defect. The only way to decrease the number of birth defects is to educate women who are expecting and ensure they are cautious with their choices of food and medications as well as lifestyle choices.

A medical malpractice suit involving the birth defect is different from a standard personal injury case in that it requires a deep knowledge of both legal and medical issues. Our birth defect lawyers are familiar with these complex cases and will fight to get the compensation you deserve.

Drugs

Medications taken during pregnancy can lead to birth defects. These include facial and limb abnormalities, eye disorders and brain and spinal cord issues among other things. If a child develops birth defects due to medication, the parents could have an opportunity to sue the drug manufacturer in a lawsuit based on product liability.

Birth defects can also result through exposure to prescription drugs and toxic chemicals or other environmental factors in the first three months, which is a crucial period to develop. If your child is suffering from a birth defect that could be the result of medication, an attorney who specializes in birth defects can assist you with your legal options.

Many drug manufacturers are expected to ensure that their products are tested thoroughly before they release them to the public, and they must warn consumers regarding possible adverse effects. If a drug manufacturer is found to be selling products that cause grave birth defects, parents may seek compensation through lawsuits with the help of a birth defect attorney.

NSAIDs such as lithium, angiotensin II antagonists and cancer drugs such as thalidomide, diethylstilbestrol, and others can cause birth defects. The medical negligence lawyers at LK have secured billions of dollars for families whose children were injured by these and other drugs. The firm has also brought cases in which children suffered injuries from exposure to toxic chemicals at work or from environmental pollution.

Pregnancy

Pregnancy is among the most exciting and stressful moments in a woman's life. If something goes wrong, the consequences could be severe. Serious birth defects may affect a child's heart, brain and limbs, or even the overall body function. This can limit the child's lifespan and cause tremendous pain to their parents.

While some birth defects are genetic, others may be caused by negligent actions of medical practitioners and hospital personnel. This could mean prescribing a medication that could cause birth defects or delivering the wrong dosage. It could be as simple an inability to monitor the health of the fetus and expose the mother to harmful chemicals when she is pregnant.

If a parent suspects that their child's birth defect attorneys defect or birth injury is due to negligence by a medical professional, they should contact a New York birth defect attorney immediately. A lawyer will be able to assist parents in determining the best way to proceed and the amount of compensation they may be entitled to.

Birth defects are a tragic consequence of medical malpractice, environmental exposure, drug exposure or a combination of these. The highly skilled New York birth defect lawyers at Finz & Finz on Long Island and in New York City can help should you believe that your child's condition is caused by the negligence of someone else. Call us today toll-free to schedule an obligation-free case strategy session.