Birth Defect Litigation: The Good The Bad And The Ugly
Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes that's not possible. If that happens it is vital that parents in shock seek out the assistance of skilled birth defect lawyers.
Birth injuries and birth defects can be caused by medical negligence, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.
Medical Malpractice
If a physician fails to adhere to the accepted standard of practice in his or her area, it is deemed medical malpractice. This could mean failing to conduct routine prenatal testing, prescribing medication that increases the likelihood of a birth defect or making a misstep during the labor and delivery.
Birth defects and birth injury can be caused by genetic and environmental factors, however, they can also be caused by an error by a doctor. If a doctor fails to detect congenital disabilities during pregnancy, and then fails not to notify parents of the condition, parents might be in a position to file a lawsuit for compensation due to a birth defect for all expenses related to their child's disability.
In order to prevail in a medical negligence case in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of care to the patient, that he failed to fulfill that duty, that his actions or inaction action directly resulted in damage and injuries, and that the patient was a victim of economic and non-economic damages because of the injuries. These damages could include medical expenses, lost wages and emotional distress.
Prenatal visits are essential to ensure that pregnant women are provided with the appropriate testing and monitoring. If you believe that the birth defect of your child is due to medical malpractice, consult 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 birth defects can vary in severity and affect how a child appears and behaves throughout life. Some are minor, but others can cause serious issues and even lead to death.
Birth defects can be caused by genetic disorders or a variety of chemcial or environmental factors. For instance, exposure to toxic chemicals could cause serious problems for a newborn. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful substances or medications.
It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta and harm the unborn baby. These toxins are known as teratogenic. Exposure to these teratogenic chemicals can cause birth defects like cleft lips and palates as well as spina bifida, and muscular dystrophy.
Many mothers are exposed to various harmful chemicals when they are working. They can be inhaled or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. This is due to the fact that many drugs are not properly tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, birth defect law firm environmental exposure can also be a significant factor. A variety of toxins and chemicals found in the home or workplace could increase the chances of a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when companies do not take precautions to protect pregnant employees they're negligent and may be held accountable.
Researchers are still unable pinpoint exactly what causes a specific birth defect. It could be that an interaction between several factors can cause the condition, but the challenge is evaluating these interactions in real time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enrol 100,000 women from a variety of populations and follow them and their children over the long run. This study will provide the most comprehensive data to date on how many environmental factors impact fetal as well as child health.
Many parents who have a birth defect in their child feel guilt believing that they caused it. However, these defects are usually unavoidable. Our birth defect lawyers know this and are committed to families who seek justice for children who suffer from birth defects.
Product Liability
Birth problems can be caused by many causes, from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be cured. If your child was born with a medical issue which could have been prevented, you may be entitled to claim damages through an action for birth defects.
A New York birth defect attorney can assist you to determine if the condition of your child is caused by a medication, chemical or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical bills for your child's condition according to the severity.
While the vast majority of birth defects aren't caused due to medical negligence, there are instances in which a doctor or healthcare worker is negligent before or during labor and birth. A doctor could incorrectly prescribe a medication that injures a baby before it is born, or they may make an error during surgery.
Our birth defect lawyers have successfully brought lawsuits against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her having a child with birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to dangerous chemicals when they work.
