Birth Defect Litigation: The Good The Bad And The Ugly
Birth Defect Lawsuits
Parents would like their children to be perfect, but at times that's not feasible. If this happens, it's important that parents who are shocked seek the help of experienced birth defects lawyers.
Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.
Medical Malpractice
If a doctor does not adhere to the accepted standard of practice in their area, it is considered medical malpractice. It could be a failure to perform routine prenatal testing or prescribing medication that increases the likelihood of birth defect or making a mistake during the birth defect law firm and delivery.
Birth birth defects and birth injuries are usually due to genetic and environmental causes, but occasionally they occur due to an error or negligence of a physician. If a physician fails to detect congenital problems in utero, and then fails not to notify parents, the parents may be eligible to file a claim for wrongful birth seeking compensation for all the costs related to their child's disability.
A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the doctor violated this duty, the doctor's actions or inability to act directly caused injuries and damages, and that the victim was harmed economically and non-economically as a result of the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the required testing and Birth defect law firm monitoring. If you suspect that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with a form of birth defect in the United States. These birth defects can vary in severity and affect the way that a child appears and behaves in life. Some are minor, whereas others can cause serious problems and can even be fatal.
The causes of a child's birth defects may be due to genetic anomalies or a wide range of chemical and environmental factors. For instance, exposure to toxic chemicals can cause serious complications for a newborn. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.
It is well-established in scientific research that certain toxins as well as chemicals can pass through the placenta to affect an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals could cause birth defects, such as the cleft palate and lips as well as spina Bifida and muscular dystrophy.
While they are working, many mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) employed in the production of semiconductors. Parents can be exposed to these chemicals when they consume certain prescription and over-the counter drugs. Many drugs 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. The presence of a variety of chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides lead, heavy metals, certain paints and other chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant workers they're negligent and could be held responsible.
Researchers are still trying to determine the precise cause of a birth defect. It is possible that a variety of factors may cause the condition. The problem is to study the effects of these factors in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a representative population and follow their progress over time as well as their children. This study will provide the most complete information to date on how many environmental factors affect fetal and child health.
Many parents who have a birth defect in their child feel guilty, believing that they caused it. However, these birth defects are often unavoidable. Our birth defect lawyers are aware of this and are committed to helping families with children with birth defects.
Product Liability
Many birth defects are caused by a range of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue which could have been prevented, you may be entitled to recover damages through an action for birth defects.
A New York birth defect attorney will be able to help you determine if your child's problem is caused by an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical bills that are related to your child's illness in relation to the severity.
While the vast majority of birth defects are not caused due to medical negligence, there are instances when a healthcare worker was negligent prior to or during labor and delivery. A doctor may prescribe a medication incorrectly that causes harm to a baby even before birth, or make an error in surgery.
Our birth defect attorneys have successfully pursued cases where a mother's health medical professional was exposed to prescription drugs or toxic chemicals which increased the chance that she will give birth to a child who has birth defects. We also have brought birth defect lawsuits against semiconductor and paint factories who expose their workers to hazardous substances in the workplace.
