The Basics of Bringing a Birth Defect Lawsuit
If you or your child suffer from birth defect, you can bring an action against the medical professional. These can be caused by medication side effects and environmental toxins as well as genetic defects. This is why you should always consult an attorney prior bringing a lawsuit. An attorney can help determine whether you have a case and if so the best way to pursue it.
Genetic defects
Whether you are looking to hire a birth defect lawyer or you are the victim of birth defects, it is important to understand the legal procedure. A birth defect attorney is required to be contacted as soon as you have a child who has a defect. These attorneys can help you with the legal aspects of your case from gathering evidence to the determination of if your child is eligible for medical bills.
Birth defects can be severe or mild and can affect any body part. They can result in hearing or visual problems as well as motor and brain defects and slowing down physical and mental development. In some instances, they can be caused by genetics or environmental causes.
One of 33 American babies is born with a birth defect. According to the March of Dimes, these birth defects can be prevented at a half-time. These conditions can be caused by numerous factors, including pregnancy-related infections and exposure to toxic substances.
Muscular dystrophy, Huntington’s Disease and other variations of dwarfism are some examples of the most common genetic disorders. A clinical geneticist should be consulted when you suspect that your child has a genetic condition. This will provide valuable information that can help you decide whether you should be pregnant. You can also discuss further options for testing with your doctor.
A chromosome error or a change in the structure could lead to genetic defects. This could lead to excessive or insufficient chromosomes. Your child’s ability to communicate, grow and develop is affected by the number of chromosomes or she is born with.
A birth defect claim (listen to this podcast) defect lawyer is recommended for children who has a birth defect. These lawyers can help you get the compensation you’re owed. They can also help you navigate the process of filing a medical malpractice claim.
Environmental toxins
Those who are considering an environmental toxins and birth defect lawsuit should seek out the assistance of an experienced lawyer to find out whether their case is meritorious. This is a serious matter and should not be dismissed lightly. Alongside the usual suspects, like lead and asbestos the mother’s environment is often the primary determinant in determining whether a child is given the opportunity to prosper or suffer an early death. If you’re the mother of a child suffering from a serious birth defect, you could be a victim.
It is true that only a small amount can have a significant impact on a baby’s development however, we do not know how many end up in the bloodstream of a pregnant woman’s. While we know that hundreds of industrial chemicals are present in a baby’s womb, we do not know the exact number and what amounts. EPA does not require data as a condition of continued chemical use, and therefore cannot force the industry to disclose the data.
It is safe to assume that there are a lot more chemicals in the womb than the 287 identified in the study. In fact, it is believed that there are more than 200 different chemicals present in the blood of a baby. The Toxic Substances Control Act is weak when it comes to chemical safety and the EPA is hampered in its ability to carry out its job. The agency therefore has to engage in negotiations and discussions with industry.
While the study mentioned was a bit overhyped, there was one significant finding. The presence of toxic substances in the umbilical cord of a baby is indicated by its reddish and black color. This information was obtained from 10 children who were analyzed after their umbilical cords were cut.
Medication side effects
The use of prescription drugs during pregnancy could cause life-threatening problems or even death for the unborn child. You could be entitled to compensation when your child was born with an undiagnosed birth defect. You may file a lawsuit against a pharmaceutical company or pharmacist for the alleged role they played in the birth defect.
Certain drugs can cause harm to pregnant women, including antibiotics and anticonvulsants. There are also certain medications that are safe during pregnancy, but can cause serious adverse consequences. Talk to your doctor about your options.
The FDA has defined some kinds of medications that are safe to use during pregnancy. These medications include angiotensin II antagonists and male hormones as as herbal supplements. These categories are designed to assist pregnant women in determining which products are safe to use.
The FDA’s resources page is a great resource to learn more about medications for women who are pregnant. You can also find a list of the most frequent side effects of these drugs. If you think you may have a birth defect, speak to your doctor about what you can do.
A pharmacist could also be held accountable for a birth defect when they fail to inform you about the risks of your medication. A good pharmacist will tell you about the most serious side effects and common adverse effects of your medication. They can also advise you about other medications that could be harmful to your unborn child.
If you have any questions about pregnancy, or if you have a child who is suffering from a birth defect, consult an attorney for birth defects from Alonso Krangle LLP. They have the best defective drug attorneys that you can find.
Medical malpractice
It’s not unusual for medical professionals to make mistakes during pregnancy. They may not be able to identify certain birth defects or prescribe the wrong medication. The result could be injury to the baby as well as the mother.
Fortunately, parents who have children with a birth defect can file a lawsuit for damages. They may be able to receive monetary compensation to pay for the cost of treatment as well as their emotional stress. If you or a loved one is suffering from an abnormal birth defect it’s crucial to speak to a lawyer for birth defect litigation defects whenever you can.
The medical professionals involved in these cases are radiologists, nurses, doctors and lab technicians. They are required to provide medical care to their patients in a manner that is in accordance with the accepted standards. Some birth defects can be caused by injuries, infections, and illnesses. They can be caused either by high fever, toxoplasmosis or chemical exposure.
These conditions cannot be prevented. The child may need to be treated, in addition to emotional stress for parents. In some cases the child may suffer permanent brain damage.
Inattention by a doctor during birth can result in severe physical and cognitive disabilities, as well as death. It is imperative to speak with an experienced birth defect lawyer immediately when you or your child have birth defects. A legal attorney will assist you, your family, and obtain the justice you deserve.
To learn more about filing a birth defect lawsuit, contact the attorneys at Hampton & King. They have more than 40 combined years of experience in seeking compensation for those who were injured as a result of an error made by a medical professional.
Limitations statute
There are a variety of states that have different statutes of limitations for lawsuits involving birth defects. The most frequent is two to three years. Based on the nature of case, the period may differ.
You must make a claim within the state where the incident occurred to start a lawsuit. A lawyer who specializes in birth defects will be able to help you navigate the legal system and assist you to file your claim.
If you are the parent of a child that has an anomaly in the birth and birth defect claim you are concerned about it, you should contact an attorney right away. This is because the law restricts the time you can sue for the damages the child suffered. This could include medical costs as well as lost earnings or any other form of compensation.
If you wait too long in the meantime, the statute of limitations for the birth defect lawsuit will not permit you to claim damages. Your doctor could argue that the problem was not yet present, or that the statute has expired. Your defense lawyer may argue that the statute of limitations has expired and that you no longer have any right to compensation.
A medical malpractice case generally has a strict deadline. You must make a claim within two years from the date of the incident. This is to ensure that are heard promptly. Your court could dismiss your case if you fail to file your case in a timely manner.
If your child was born with a defect that was not discovered immediately, you must nevertheless consult a doctor. Certain injuries can take months to manifest while others are discovered before the baby is born.
An experienced birth defect lawyer should be contacted if you believe that your child was injured by negligence of a medical professional. An attorney will review the evidence and determine if your child is entitled for damages.