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Birth Defect Lawsuits

Although medical advances have drastically reduced the risks associated with the pregnancy process, many birth injuries and birth defects result from negligence. Whether through chemical exposure at work or a misapplication of drugs, stunned parents often have a claim for compensation.

Many states have statutes of limitations of one year, therefore contacting an attorney earlier rather than later is critical. A knowledgeable lawyer can guide clients through the process and assist them to establish monetary value for their case.

Medical Malpractice

Medical malpractice claims can arise at any point during labor, pregnancy or delivery. If a doctor fails to meet the accepted standard of care, and this inability causes birth defects or injuries and birth defects, they could be held responsible for a medical malpractice claim.

Doctors must evaluate an expectant mother’s current medications and take into consideration any health issues she might have. They must also inform her about the possible risks for her unborn baby. If a doctor birth defect fails to fulfill these responsibilities and causes harm, they may be held responsible for a claim of medical malpractice.

A birth defect lawyer can assist you in determining if the claim for medical malpractice is a valid one and guide you through the legal process. Because of the sensitive nature of a medical malpractice claim it is important to locate an experienced lawyer whom you are confident in.

The sooner you start, the better. A qualified lawyer for birth defects can assist you with filing your claim before the statute of limitations in your state expires. Most states offer one year to file a medical malpractice lawsuit, and processing such a devastating incident takes time. You need an attorney who can move quickly to collect the evidence and documents that you need to prove your case. This is particularly true when you believe that your child was injured as a result of medical negligence. The earlier you file a lawsuit, the more evidence you will have to back up your claim.

Environmental Causes

Environmental factors can are a factor in birth defects, despite the fact that genetics are the primary cause of cases. These causes are generally not known to the scientific community and could include exposure to toxic chemicals or substances at work or home. These chemicals, for example solvents, paint thinners, engraving processing fluids, cleaning fluids and certain alloys of metal can increase the risk of a child developing birth defects. These types of exposures have formed 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 plants, among other industries.

Unfortunately, the majority of severe birth defects are the result of environmental or genetic factors. These factors cannot be prevented through lifestyle choices or medical treatments. Researchers and doctors have difficulty finding out the reason for a specific birth defect. The only way to cut down on the risk of birth defects is to educate women who are expecting and to assist them in being cautious about their food choices and medications as well as lifestyle choices.

A medical malpractice case involving a birth defect is different from a typical personal injury lawsuit in the sense that a birth defect case requires a thorough understanding of both legal and medical issues. Our birth defect lawyers are knowledgeable of these complex cases and will fight to secure the compensation you deserve.

Drugs

The use of medications during pregnancy can lead to birth defects. These include facial and limb anomalies or eye problems, brain and spinal cord disorders, among others. If a child is affected by birth defects due to medication, the parents could have a claim against the maker in a lawsuit based on product liability.

Birth defects can also result due to exposure to prescription medications and toxic chemicals or other environmental factors during the first three months, which is an important time for development. A birth defect lawyer can assist you in determining your legal options if the birth defect of your child could be due to medications.

Many drug manufacturers are expected to thoroughly test their products before releasing their products to the general public, and they must inform consumers about the potential side effects. If a company is found to be selling products that cause grave birth defects, parents can seek compensation in an action with the help of a birth defect attorney.

Many kinds of drugs can cause birth defects, including non-steroidal anti-inflammatory drugs (NSAIDs) and lithium, angiotensin II antagonists, and cancer treatments like thalidomide or diethylstilbestrol. The lawyers from LK's medical negligence department have secured billions of dollars for families whose children sustained injuries from the use of these and other drugs. The firm has also litigated cases where children suffered from exposure to toxic chemicals at work or to environmental pollutants.

Pregnancy

Pregnancy is among the most exciting and stressful experiences in a woman's life. If something goes wrong, the results could be serious. Birth defects that are serious can affect the brain, heart and limbs as well as overall body function. This can cause the child to live a shorter life and cause great suffering for their parents.

While certain birth defects are genetic, others may be caused by carelessness of medical practitioners and hospital staff. This includes prescribing drugs that may cause birth defects or the wrong dose. It could be as easy as a failure to monitor the health of the fetus and expose the mother to harmful chemicals when she is pregnant.

If a parent believes that the birth defect or birth injury is due to negligence on the part of a doctor, they should seek out a New York birth defect attorney immediately. A lawyer will be able to assist in determining the best way to proceed and the amount of compensation they may be entitled to.

Birth defects can be caused by medical negligence or drug abuse, environmental factors or a combination of. The skilled New York birth defect lawyers at Finz & Finz on Long Island and birth defect in New York City can help should you believe that your child's condition is due to the negligence of another. Contact us today for a free consultation.