Birth Defect Litigation: The Good The Bad And The Ugly
Birth Defect Lawsuits
Parents wish their children to be perfect, but sometimes that's impossible. When this happens, it's essential that parents who are shocked seek the help of experienced birth defect lawyers.
Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standard of practice in his or her field, it's considered medical malpractice. This could be due to failing to perform prenatal screening, prescribing medications that increase the likelihood of birth defects or committing an error during labor and delivery.
Birth birth defects and birth injuries can be the result of genetic and environmental causes, however sometimes they arise due to medical negligence or malpractice. If a doctor fails to detect congenital problems in utero, and then fails not to inform the parents of the condition, parents might be able to file a claim for wrongful birth seeking compensation for all the costs associated with their disabled child.
A successful medical malpractice claim in birth defect cases must prove that the doctor owed the patient a duty of care, that the doctor did not fulfill this duty, that the doctor's actions, or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic damages due to the injuries. These damages could include medical bills, Birth defect law firm 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 your child's birth defect is due to medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with a form of birth defect in the United States. These defects are of various degrees and impact the way a child acts, looks and performs. Some are minor, but others can lead to serious issues that could be fatal.
Birth defects can be caused by genetic abnormalities or a variety of chemcial or environmental factors. Exposure to harmful chemicals, for example could cause serious problems in the newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful substances or drugs.
In the scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta and affect the unborn child. These toxins are teratogenic. Teratogenic chemicals can cause birth defects, such as the cleft palate, lips and spina Bifida.
While they are working, many mothers are exposed to a variety of harmful chemicals. These chemicals can be breathed in or inhaled through the skin. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. These chemicals can also be consumed by parents when they consume certain over-the counter and prescription drugs. Many drugs have not been thoroughly tested on pregnant woman and have led to birth defects.
Environmental Exposure
While genetic disorders are among the most common causes of birth defects, exposure to environmental factors is also a major factor. Many different toxins and chemicals that are found in the home workplace, food and work environment could increase the chances of a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, some paints and various chemical substances. Exposure to these toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers are still trying to determine the root of the birth defect law firms defect. It could be that an interaction between a variety of factors could cause the condition, but the difficulty is assessing these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from a representative population and follow them over time and their children. This study will provide complete information on the effects of environmental factors on the health of children and fetuses.
Many parents who have a birth defect in their child feel guilty because they believe they contributed to it. However, these issues are not always preventable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical condition that could have been prevented and prevented, you could be able to seek compensation through an action for birth defects.
A New York birth defect lawyer can assist you determine if your child's illness was caused by chemical exposure, a drug or other environmental factor which is eligible for compensation. Your legal team can calculate the total cost of medical expenses that are related to your child's illness in relation to the severity.
Although the vast majority of birth injuries are not the result of medical negligence there are instances where a doctor was negligent prior to or during labor and delivery. A doctor may prescribe a medication which harms a baby before it is born, or make an error during surgery.
Our birth defect lawyers have successfully litigated cases where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she will give birth to a child who has birth defects. We have also filed birth defect lawsuits against companies that expose their workers to dangerous substances in the workplace, such as a paint factory or semiconductor manufacturing company.
