10 Things You'll Need To Learn About Birth Defect Compensation
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One in 33 babies is born with an injury or defect that occurs during birth. An empathetic and skilled birth defect lawyer can help parents seek compensation for therapy, medical and other costs related to a child's disability.
While doctors strive to be perfect However, negligence or mishaps can increase the chance of birth defects and injuries. A Boston birth defect lawsuit defect lawyer can help parents seek compensation for their losses.
Medical Malpractice
A medical disorder that a child suffers at birth can have devastating consequences for the entire family. These illnesses can be caused by medical negligence even though they are usually genetic. A Rochester birth injury lawyer can determine if the medical professionals who were involved in the birth of your child committed medical negligence.
Medical malpractice can be a result of a doctor who does not adhere to the professional standards of their profession. This includes taking the necessary steps to avoid complications during labor and birth. A birth injury attorney will scrutinize all the information that pertains to your child's situation including medical records, and then consult with experts in the field of medicine to determine if the doctors have violated the standards of care.
Physical trauma can cause injuries ranging from minor to life-threatening in the delivery process. However, a lot of these injuries could be prevented by doctors who adhere to proper medical procedures. These kinds of medical errors are often the result of negligence or a lack of care. Burton Law Group, a legal team that specializes in medical malpractice cases in Oklahoma has helped many parents who are devastated by their child's injuries to uncover the truth and receive the compensation they deserve. Contact us today for more information about how we can help you. The laws of the state in which you reside will establish deadlines (also called statutes) within which you are able to bring a lawsuit. The statutes may differ based on what kind of claim you are making (e.g. medical negligence).
Defective Products
Parents want perfect babies and healthy children However, medical negligence or malpractice could increase the possibility of birth defects. This can lead to the wrongful death or permanent injury of the infant. A specialist lawyer for birth defects can assist in filing a lawsuit against the responsible party or other parties.
Birth defect attorneys can also investigate and prosecute cases involving the negligent exposure of women who are pregnant to toxic chemicals and substances at work or home. Studies have shown that common industrial and household chemicals and products, including lead paint, fungicides, and chemically treated water, can increase the risk of birth defects. An experienced attorney can challenge the companies that could have wrongfully exposed the mother to these dangerous chemicals or toxic substances (teratogens) during pregnancy and seek out substantial financial compensation for the family of the victim.
Birth injury lawsuits involving medical negligence are similar to other personal injury cases, like car accidents and defective product claims. A doctor and other medical professionals, however, are required to adhere to a higher level of care because of their education and the trust that patients place in them. Many birth injury lawsuits could also be considered wrongful-death suits if the child is severely disabled and requires lifetime care.
Prescription Drugs
Birth defects are serious conditions that affect the appearance or functionality of specific parts of the body. They can range from mild to severe and can significantly affect the health of infants. They can trigger serious emotional, medical, or financial issues. In some instances they may be fatal.
Many birth defects are genetic, caused by flaws in the chromosomes of either the mother or father. However, in some instances they are due to environmental factors. They can be caused by exposure to prescription drugs and toxins or substances that have a teratogenic effect.
Some commonly used medicines, such as the morning sickness drug Zofran anti-seizure drugs, including Topiramate and Valproate and non-steroidal anti-inflammatory drugs (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 also been linked to miscarriages.
An attorney for birth defects can help parents determine if a child's birth defects were caused by a medication used by the mother during pregnancy. Doctors have a duty to only prescribe medications that are safe to pregnant women. They must also warn patients about the risks. A doctor who fails to fulfill this duty can be held responsible for any birth injuries or defects.
Environmental Exposure
Birth defects are structural modifications in one or more of an infant's anatomy. While most birth defects are caused by genetics and occur in the womb, other factors can influence their development. These include exposure to environmental toxins and medications that mothers take, and exposure to teratogenic chemicals or drugs. These cases require the assistance of experienced, dedicated birth defect attorneys.
A birth defect lawyer can assist families file a lawsuit against a physician or drug maker, as well as any other individual or company responsible for the birth defect of an infant. If the medical procedure, medication, or exposure of toxic substances are the cause of the birth defect, then the doctor, the drug manufacturer and other companies can be held accountable.
Waters Kraus & Paul handles complex cases that involve birth defects caused by exposure to environmental contaminants, chemicals, and industrial solvents and prescription drugs. David Strouss, a partner at the firm, has handled the first birth defect lawsuits in the country arising from exposure of parents to industrial solvents, such as glycol-ethers. He also has handled cases for agricultural workers and residents downwind of pesticides or spraying. Ilana Waxman, Evan Hoffman and other firm partners focus on environmental contamination. This includes asbestos, toxic torts, and whistleblower lawsuits.
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