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Birth Defect Lawsuits
Parents want their children to be perfect however, sometimes that's not always possible. If that happens it is vital for parents to seek the help of seasoned 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
Medical malpractice is when a doctor is in violation of the accepted standard of care in his or her area of expertise. It could be a failure to perform routine prenatal testing, prescribing medication that increases the likelihood of birth defect or making a mistake during the labor and delivery.
Birth defects and birth injuries are usually caused by genetic or environmental causes, but sometimes they occur due to a doctor's negligence or malpractice. If a doctor fails detect congenital problems in utero and fails to inform the parents that their child is disabled, parents may be able to file a claim for compensation due to a birth defect for all costs for their child's disabilities.
A successful medical malpractice claim in birth defect cases demands that the doctor had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages could include medical bills or lost wages, as well emotional distress.
Prenatal visits are important to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that your child's birth defect is due to medical malpractice, speak to an experienced medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can range in severity and impact the how a child appears, acts and functions in life. Some are minor and others can cause serious issues that could be fatal.
The causes of birth defects can be attributed to genetic anomalies or a wide range of environmental and chemical factors. For instance exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful drugs or substances.
It is well-established in the scientific studies that certain toxicants and chemicals can cross the placenta and affect an unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals may cause birth defects, such as Cleft lips and palates, spina bifida and muscular dystrophy.
Many mothers are exposed to an array of toxic chemicals while working. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) which are used in the fabrication of semiconductors. Parents can be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. A lot of pharmaceuticals haven't been tested properly on pregnant women and have led to birth defects.
Environmental Exposure
Environmental exposure is one of the main causes 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 workplace, at home and in food items can increase the risk of birth defects. This includes fungicides and pesticides, lead, heavy metals, some paints and various chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant employees, they are negligent and can be held accountable.
Researchers are still unable pinpoint exactly what causes a specific birth defect. It could be that an interaction between several factors can cause the condition, but the problem is evaluating the interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from a representative population and monitor their progress over time and their children. This study will provide most comprehensive data on the effects of environmental factors on the health of children and fetuses.
Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the condition, however it is often the case that these kinds of defects are inevitable. Our birth defect lawyers understand this and are committed to families seeking justice for children who suffer from birth defects.
Product Liability
Many birth defects result from a variety of factors, ranging from drugs 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 that could have been avoided in the first place, you may be able to compensation through an action for birth defects.
A New York birth defect attorney can help you determine if your child's problem is due to a medication, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills associated with your child's condition according to the severity.
While the majority of these cases are not due to medical negligence There have been instances where a doctor was negligent prior to or during labor and delivery. A doctor might prescribe a medication that could harm a baby, even before birth, or even make an error during surgery.
Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in which a mother's health care provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her having a child with birth defect. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to harmful chemicals in the workplace.