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Birth Defect Lawsuits
Parents want their children to be perfect however sometimes it's not possible. When this happens, it's vital parents who are shocked seek the assistance of a seasoned birth defects lawyers.
Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standard of practice in his or her area, it is deemed medical malpractice. This could include failing to perform prenatal testing, prescribing medications which increase the chance of birth defects or making a mistake during labor and delivery.
Birth defects and birth injuries are usually caused by genetic and environmental causes, but sometimes they occur due to an error or negligence of a physician. For instance, if a physician does not recognize an inborn disability and then fails to notify parents of the impairment, parents can bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.
In order to win a medical malpractice lawsuit in birth defects the plaintiff must demonstrate that the doctor owed a breach of care to the patient, that he breached the duty, and that his actions or lack of action directly led to damages and injuries, and that he or she suffered economic and non-economic losses due to the injuries. These damages could include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical negligence caused the birth defect of your child seek out a medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born each year with a birth defect. These birth defects can be of varying severity and impact the way children behave, appear and functions. Some are minor, but others can cause serious issues and even be fatal.
The causes of birth defects can stem from genetic defects or a variety of environmental and chemical factors. Exposure to toxic chemicals, for instance could cause serious problems in babies. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or medications.
In scientific literature, it is established that certain chemicals and toxins can cross the placenta to affect an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects, such as cleft lips, palates and spina bifida.
While they are working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) used in the production of semiconductors. These contaminants can also be ingested by parents when they consume certain prescription or over-the-counter medications. Many medications have not been tested properly on pregnant women and have resulted in birth defects.
Environmental Exposure
While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. Numerous different chemicals and toxins that are present in the home workplace, food and work environment can increase the likelihood of a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is generally inevitable. However, if companies do not take precautions to protect pregnant employees, they are negligent and can be held accountable.
Researchers are still trying to find the specific cause of a birth defect. It could be that an interaction between multiple factors may cause the condition, but the problem is assessing the interactions in real-time. The National Children's Study is important because it is in progress in a variety of states. The NCS will enroll 100,000 women from representative populations and will follow them over time and their children. This study will provide the most comprehensive data to date about how various environmental factors impact fetal and child health.
Many parents who have a birth defect in their child feel guilty and believe that they contributed to it. However, these issues are often unavoidable. Our birth defect attorneys understand this and are dedicated in helping families whose children are born who have birth defects.
Product Liability
Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, the majority of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided, you may be able to recover damages in an action for birth defects.
A New York birth defect attorney can help you determine if your child's illness is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Based on the degree of your child's illness the legal team will also be able to determine the full cost of the associated medical bills that are suitable for compensation.
While the vast majority of birth defects aren't caused due to medical negligence, there are some instances when a healthcare worker was negligent prior to or during labor and birth. A doctor might prescribe a medication in a way that can harm a baby before the birth, or make an error during surgery.
Our birth defect lawyers have successfully pursued cases where a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the chances that she will give birth to a child with birth defect law firms defects. We have also filed birth defect lawsuits against paint factories and semiconductor manufacturers who expose their workers to dangerous chemicals in the workplace.