10 Things You ll Need To Know About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it's not always possible. When this happens, it's vital that parents who are shocked seek the assistance of a seasoned birth defects lawyers.
Birth defects and injuries can result from medical malpractice and drugs that are harmful, and environmental exposure. A New York birth defects law firm can help.
Medical Malpractice
When a doctor fails adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This may include failing to perform prenatal screening or prescribing medications that increase the chance of birth defects, or making an error during labor and delivery.
Birth defects and birth injury are often caused by environmental and genetic factors however, they could also be the result of a doctor's negligence. If a doctor fails detect congenital problems in utero, and then fails not to inform parents of the problem they may be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all expenses that are associated with their disabled child.
A successful medical malpractice claim in birth defect cases requires that the physician was obligated to the patient to perform a duty of care, that the physician violated this duty, the doctor's negligence or failure to act directly caused injuries and damages and that the victim was harmed economically and non-economically due to his or her injuries. These damages could include medical bills or lost wages, as well emotional stress.
Prenatal visits are crucial to ensure that pregnant women receive the proper tests and monitoring. If you believe that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born each year with a birth defect. These birth defects can vary in severity and impact how a child appears, behaves and performs in life. Some are minor, but others can cause serious problems that may be fatal.
Birth problems can be caused by genetic abnormalities or a variety of chemcial and environmental factors. For instance exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.
In scientific literature, it has been established that certain chemicals and toxins may traverse the placenta and affect an unborn child. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals may cause birth defects such as cleft lips and palates as well as spina Bifida and muscular dystrophy.
Many mothers are exposed various harmful chemicals when they are at work. These chemicals can be ingested or inhaled, or absorbed by the skin of the body. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed toxins when they are consuming certain over-the-counter and prescription drugs. Many pharmaceuticals have not been thoroughly tested on pregnant women and have led to birth defects.
Environmental Exposure
While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also be a significant factor. Many different chemicals and toxins that are found in the home, workplace and food can increase the chance of having a birth defect. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and other chemical compounds. Exposure to these toxic substances is often inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the specific cause of a birth defect. It could be that an interaction between multiple factors may cause the problem, but the issue is evaluating the effects of these interactions in real time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from a representative populations and will follow them over time and their children. This study will provide most comprehensive data on how environmental factors affect the health of infants and children.
Many parents who are suffering from a child's birth defect feel guilty for having contributed to the disorder, but it is the norm that these kinds of defects are not a choice. Our birth defect lawyers understand this and are dedicated in helping families whose children are born with birth defects.
Product Liability
Birth defects are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genes. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical issue that could have been prevented it is possible to recover damages in a lawsuit involving birth defect attorneys defects.
A New York birth defect attorney can assist you to determine if your child's condition is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical bills associated with your child's condition based on the severity.
While the majority of cases are not the result of medical negligence there are instances where doctors have been negligent during or before labor and delivery. A doctor might prescribe a medication in a way that causes harm to a baby even before the birth, or make an error during surgery.
Our birth defect lawyers have successfully pursued lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the chance of her having a child born with a birth defect. We also have brought birth defect lawsuits against companies that expose employees to harmful substances on the job like a paint factory or semiconductor manufacturing companies.