Birth Defect Litigation: The Good The Bad And The Ugly
Birth Defect Lawsuits
Parents wish their children to be perfect, but at times that's not possible. If this happens, it's crucial that parents who are shocked seek the assistance of a seasoned birth defects lawyers.
Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice occurs when a physician violates the accepted standard of care in his or her area of expertise. This could mean failing to perform routine prenatal testing or prescribing medications that increase the likelihood of birth defect or making a mistake during labor and delivery.
Birth defects and birth injuries are usually caused by genetic or environmental causes, but occasionally they occur due to an error or negligence of a physician. For instance, if a physician does not recognize an inborn disability and then fails to notify parents of the disability, the parents may make a claim for wrongful birth defect lawyer seeking compensation for all the lifetime costs associated with the disabled child.
In order to prevail in a medical malpractice case in birth defect cases, the plaintiff must prove that the doctor owed a duty of care to the patient, and that he did not fulfill the duty, that his actions or inaction action directly triggered injuries and damages and that he suffered economic and noneconomic damage due to the injuries. These damages could include medical bills as well as lost wages and emotional stress.
Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused the birth defect of your child seek out a medical malpractice and birth injury lawyer right away.
Toxic Chemicals
Every year thousands of children are born with a type of birth defect in the United States. These defects are of various degrees and affect the way that a child acts, looks and performs. Some are minor, whereas others can cause serious problems and even be fatal.
Birth defects can result from genetic defects or a range of chemcial and environmental factors. Exposure to harmful chemicals, for example, can cause serious complications in babies. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.
It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta, affecting the unborn baby. These toxins are teratogenic. The exposure to these chemicals can cause birth defects such as the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.
While they are working, many mothers are exposed a variety of harmful chemicals. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) used in the production of semiconductors. Parents may also be exposed to these toxins when they are consuming certain prescription and over-the-counter drugs. Many medications have not been properly tested on pregnant woman and have led to birth defects.
Environmental Exposure
Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's not the only reason. Many different chemicals and toxins that are found in the home, workplace and food can increase the likelihood of having a birth defect. These include pesticides, fungicides, lead, heavy metals, some paints and various chemical substances. Exposure to these toxins is almost always inevitable. But, when businesses fail to safeguard pregnant employees they are negligent and could be held accountable.
Researchers are still unable to pinpoint exactly what causes a particular birth defect. It is possible that a combination between a variety of factors could cause the condition, but the challenge is evaluating the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative population and track their progress over time and also their children. This study will provide comprehensive data on how environmental factors impact fetal and childhood health.
Many parents who have a birth defect in their child feel guilty believing that they contributed to it. However, these issues are often unavoidable. Our birth defect lawyers know this and birth Defect Law firm are dedicated to families seeking justice for children who suffer from birth defects.
Product Liability
Birth problems can be caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, many of these issues can be prevented. If your child was diagnosed with a medical condition which could have been avoided it is possible to seek compensation through an action for birth defects.
A New York birth defect attorney can assist you to determine if your child's condition is due to an illness, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's condition the legal team will be able to estimate the total cost of associated medical bills that are admissible for compensation.
While the vast majority of birth defects are not caused due to medical negligence, there are instances when a healthcare worker has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medicine that hurts the baby before it is born, or they may make a mistake during surgery.
Our birth defect attorneys have successfully litigated claims where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she would give birth to a child suffering from birth defects. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to toxic chemicals while when they work.
