Why The Biggest "Myths" About Birth Defect Litigation Could Be A Lie
Birth Defect Lawsuits
Parents wish their children to be perfect, but sometimes that's not possible. When this happens, it's vital that parents who are shocked seek the assistance of experienced birth defects lawyers.
Birth problems and injuries can result from medical malpractice and drugs that are harmful, and environmental exposure. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her field. This could be due to not performing prenatal tests and prescribing medicines that increase the chance of birth defects, or making an error during labor or delivery.
Birth defects and birth injuries can be caused by environmental and genetic factors however, they can also be the result of the negligence of a doctor. For instance in the event that a physician fails to detect an inborn disability and fails to inform the parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses associated with the disabled child.
To win a medical negligence case in birth defects the plaintiff has to prove that the doctor owed a breach of care to the patient, that he failed to fulfill the duty, that his actions or inaction action directly resulted in damages and injuries and that the plaintiff was a victim of economic and non-economic damages due to the injuries. These damages could include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy. It's important for pregnant women to adhere to their doctor's advice regarding their prenatal visits. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These birth defects may be of different severity and affect the way that the child behaves, looks and performs. Some are minor, while others can cause serious problems that may be fatal.
The causes of a child's birth defects can stem from genetic disorders or a range of environmental and birth Defect law firm chemical factors. For instance exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.
In the scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta and affect the unborn child. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects such as lips, palates, and clefts as well as spina Bifida.
While working, mothers are exposed of toxic chemicals. These chemicals can be ingested, inhaled or absorbed into the body's skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE), which are used in the manufacturing of semiconductors. Parents can also be exposed poisons when they consume certain over-the-counter and prescription drugs. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been shown to cause birth defects.
Environmental Exposure
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only one. The presence of a variety of chemicals and toxins in the home, at work and in food items can increase the risk of birth defects. These include fungicides, pesticides lead, heavy metals, certain paints, and various chemical substances. Exposure to these toxins is often inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers are still unable identify the exact cause of the specific birth defect. It is possible that a combination between a variety of factors could cause the problem, but the issue is evaluating the effects of these interactions in real time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from representative populations and will follow them over time and their children. This study will provide the most complete information to date on how various environmental factors influence fetal and child health.
Many parents who suffer from a birth defect in their child feel guilt and believe that they were responsible for the defect. However, these birth defects are usually unavoidable. Our birth defect lawyers are aware of this and are committed to helping families seek justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, a lot of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided it is possible to get compensation in lawsuits for birth defects.
A New York birth defect lawyer can help you determine whether your child's condition was caused by an exposure to chemicals, medication or another environmental trigger that could be eligible for compensation. Based on the severity of your child's health condition, your legal team will also be able calculate the total cost of associated medical expenses that are qualified for compensation.
Although the vast majority are not caused due to medical negligence, there have been cases where doctors have been negligent during or before labor and delivery. A doctor may prescribe a medication that can harm a baby before birth, or may make an error in surgery.
Our birth defect lawyers have successfully prosecuted lawsuits against drug makers when a mother's medical care provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her having a child born with birth defect. We have also brought birth defect lawsuits against companies that expose workers to dangerous chemicals at work like a paint factory or semiconductor manufacturing companies.