Birth Defect Litigation: The Good The Bad And The Ugly

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Parents want their children to be perfect, but sometimes that's not possible. When that happens it is crucial that stunned parents seek the assistance of experienced birth defect lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her field. This could include failing to perform prenatal screening, prescribing medications that increase the chance of birth defects, or making an error during labor and birth.

Birth birth defects and birth injuries are usually the result of genetic and environmental causes, however sometimes they are caused by the negligence or malpractice of a doctor. For example when a doctor is unable to identify a congenital disability in utero and then fails to notify parents of the disability, the parents may file a wrongful birth claim seeking compensation for the lifelong expenses associated with the disabled child.

To prevail in a medical malpractice case in birth defect cases, the plaintiff must prove that the doctor was bound by a duty of duty to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly led to damage and injuries, and that the patient suffered economic and noneconomic damages because of the injuries. These damages could include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women are provided with the appropriate tests and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects may be of different severity and impact the way children behave, appear and functions. Some are minor, while others can lead to serious issues that could be fatal.

Birth birth defects can be caused by genetic disorders or a variety of chemcial and environmental factors. Exposure to harmful chemicals, for example causes serious complications in the infant. Our firm is committed in making employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

In the scientific literature, it has been established that certain chemicals and toxins can traverse the placenta to affect an unborn child. These chemicals are referred to as teratogenic. These teratogenic chemicals can cause birth defects, such as lips, palates, and clefts as well as spina Bifida.

While they are working, mothers are exposed of toxic chemicals. They can be inhaled or inhaled through the skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents may be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been properly tested on pregnant women and have led to birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defect attorney defects. Genetic disorders are a common cause, but it's far from the only one. The presence of numerous chemical compounds and toxins in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. However, if companies fail to protect pregnant employees they're negligent and could be held accountable.

Researchers are still unable to pinpoint the root of the birth defect. It could be that an interaction with multiple factors could trigger the condition, but the challenge is assessing these interactions in real time. The National Children's Study is important because it is now underway in several states. The NCS will enrol 100,000 women from a variety of populations as well as follow them and their children over the course of time. This study will provide most complete information on how environmental factors affect the health of infants and children.

Many parents who have a birth defect in their child feel guilt and believe that they are responsible for it. However, these issues are often unavoidable. Our birth defect lawyers understand this and are committed to helping families whose children are born with birth defects.

Product Liability

Birth defects can be caused by many factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue that could have been avoided, you may be entitled to recover damages through an action for birth defects.

A New York birth defect lawyer can help you determine if your child's illness was caused by chemical exposure, a drug or another environmental trigger that is a reason to seek compensation. Based on the severity of your child's condition the legal team will also be able to calculate the total cost of associated medical bills that are suitable for birth defect lawsuits compensation.

While the vast majority of birth defects aren't caused due to medical negligence, there are some instances where a healthcare professional has been negligent before or during labor and delivery. A doctor might incorrectly prescribe a medication that harms the baby before it's born, or commit a mistake during surgery.

Our birth defect attorneys have successfully litigated claims in which a mother’s health medical professional was exposed to prescription drugs or toxic chemicals which increased the chances that she will give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies that expose their workers to dangerous substances while working like a paint factory or semiconductor manufacturing companies.