Birth Defect Litigation: The Good The Bad And The Ugly
Birth Defect Lawsuits
Parents want their children to be perfect, but at times that's not possible. If this happens, it's important parents who are shocked seek the assistance of experienced birth defect lawyers.
Birth injuries and birth defects can be caused by medical negligence and drugs that are harmful and exposure to environmental factors. A New York birth defect law firm can help you find answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. This could include failing to conduct routine prenatal tests, prescribing medication that increases the likelihood of a birth defect or committing a lapse during the labor and delivery.
Birth defects and birth injuries are usually due to genetic and environmental causes, but sometimes they are caused by a doctor's negligence or malpractice. For example in the event that a physician does not recognize a congenital disability in utero and fails to notify the parents of this condition, parents may file a wrongful birth claim seeking compensation for the ongoing expenses incurred by the disabled child.
To prevail in a medical malpractice case in birth defect cases, the plaintiff must prove that the doctor owed a breach of duty to the patient, and that he violated that duty, that his actions or inaction action directly led to damages and injuries and that the plaintiff suffered economic and birth defect law firm non-economic losses because of the injuries. These damages could include the costs of medical bills lost wages as well as pain and suffering and emotional distress.
Prenatal visits are crucial to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.
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, look and functions. Some are minor while others can cause serious problems that may be fatal.
The causes of birth defects can stem from genetic anomalies or a wide range of environmental and chemical factors. Exposure to harmful chemicals, for example causes serious complications in babies. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.
In scientific literature, it has been established that certain chemicals and toxins may cross the placenta to affect an unborn child. These toxins are teratogenic. The exposure to these teratogenic chemicals can cause birth defects such as cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
While working, many mothers are exposed a variety of toxic chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. These contaminants can also be ingested by parents who take certain over-the counter and prescription drugs. Many drugs have not been thoroughly tested on pregnant woman and may cause birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defect law firms defects. Genetic disorders are a common cause, but it's far from the only one. The presence of a variety of chemical compounds and toxins in the workplace, at home and in food items can increase the risk of birth defects. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints and many other chemical compounds. Exposure to these toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the precise cause of a birth defect. It could be that an interaction 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 since it is currently in process in several states. The NCS will enroll 100,000 women from representative population and follow them over time, as well as their children. This study will provide most comprehensive information about how environmental factors affect the health of children and fetuses.
Many parents suffering from a child's birth defect feel guilty for having contributed to the condition, but it's usually the case that these types of defects are not a choice. Our birth defect attorneys are aware of this and are dedicated in helping families with children with birth defects.
Product Liability
Birth problems are caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was born with a medical issue that could have been prevented and you are entitled to compensation through a birth defect lawsuit.
A New York birth defect attorney will be able help you determine if your child's illness is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. Based on the severity of your child's condition your legal team will be able to estimate the full cost of the medical bills that are eligible for compensation.
Although the majority of birth defects aren't caused by medical negligence, there are cases where a doctor or healthcare worker is negligent prior to or during labor and birth. A doctor could prescribe a medicine incorrectly, which could harm a baby, even before birth, or may make an error during surgery.
Our birth defect attorneys have successfully defended cases where a mother's health care provider was exposed to prescription drugs or toxic chemicals, increasing the likelihood that she could give birth to a child with birth defects. We have also brought birth defect lawsuits against semiconductor and paint factories that expose their workers toxic chemicals while when they work.
