"Ask Me Anything:10 Answers To Your Questions About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however sometimes it's not always possible. When that becomes a reality it is imperative for parents to seek out the assistance of skilled birth defect lawyers.
Medical malpractice, dangerous drugs, and environmental exposure can cause 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 medical care in their area of expertise. It could be a failure to conduct routine prenatal testing and prescribing a medication that increases the chance of having a birth defect or committing a lapse during the birth and delivery.
Birth birth defects and birth injuries are usually due to genetic and environmental causes, however sometimes they are caused by medical negligence or malpractice. For example the case where a doctor fails to recognize an inborn disability and fails to inform parents of this condition, parents may bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.
A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the doctor violated this duty, the doctor's actions or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include medical expenses as well as lost wages and emotional stress.
Some birth injuries and defects can be prevented through timely testing and monitoring during pregnancy, which is why it's vital for pregnant women adhere to their doctor's advice regarding prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year, thousands of children are born with a kind of birth defect in the United States. These birth defects are of various degrees and affect the way that children behave, look and functions. Some are minor and others can lead to serious issues that could be fatal.
Birth birth defects can be caused by genetic defects or a range of chemcial and environmental factors. For instance exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or medications.
In scientific literature, it is established that certain chemicals and toxins may traverse the placenta to affect the unborn child. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects like Cleft lips and palates as well as spina Bifida and muscular dystrophy.
Many mothers are exposed many harmful chemicals when they are at work. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals comprise industrial solvents such as EGE or ethylene glycol (EGE) employed in the manufacture of semiconductors. These toxic substances can also be consumed by parents when they consume certain over-the counter and prescription drugs. Many pharmaceuticals have not been tested properly on pregnant woman and may cause birth defects.
Environmental Exposure
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only reason. The presence of various chemicals and toxins at the workplace, at home and in food items can increase the risk of birth defects. This includes fungicides and pesticides lead, heavy metals, certain paints and various chemical substances. Exposure to these toxins is almost always inevitable. If businesses fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers aren't able to pin down exactly what causes a specific birth defect. It is possible that a mix of factors can cause the condition. The trick is to assess 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 enrol 100,000 women from diverse populations as well as follow them and their children for the course of time. This study will provide the most complete information on the effects of environmental factors on the health of children and fetuses.
Many parents who suffer from a birth defect in their child are resentful, believing that they caused it. However, these issues are usually unavoidable. Our birth defect lawyers know this and are committed to families seeking justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a range of causes ranging from drug and alcohol consumption during pregnancy to genetics. However, many of these causes can be prevented. If your child was born with a medical issue that could have been avoided, you may be entitled to recover damages through a birth defect lawsuit.
A New York birth defect lawyer can assist you determine whether your child's condition is the result of chemical exposure, a medication or other environmental factor that could be eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills associated with your child's condition according to the severity.
While the majority of cases are not due to medical negligence however, there have been instances where doctors have been negligent prior to or during labor and birth. A doctor might incorrectly prescribe a medicine that hurts the baby before it is born, or commit a mistake during surgery.
Our birth defect lawyers have successfully defended lawsuits against drug companies when a mother's medical healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child developing a birth defect. We have also filed birth defect lawsuits against companies who expose workers to harmful substances on the job, such as a paint factory or semiconductor manufacturing companies.