20 Myths About Birth Defect Litigation: Dispelled
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's not feasible. When this happens, it's crucial parents who are shocked seek out the help of experienced birth defect lawyers.
Birth injuries and birth defects can be caused by medical malpractice, drugs that are dangerous or exposure to environmental toxins. A New York birth defect law firm can provide answers.
Medical Malpractice
Medical malpractice is when a doctor violates the accepted standard of medical care in their field. This could mean failing to conduct prenatal testing or prescribing medications that increase the risk of birth defects, or making an error during labor and delivery.
Birth defects and birth injuries can be caused by environmental and genetic factors but they can also be a result of a doctor's negligence. For example when a doctor is unable to identify an inborn disability and then fails to notify parents of this impairment, parents can pursue a wrongful birth lawsuit seeking compensation for the lifetime 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 directly caused injuries and damages and that the victim suffered economic and non-economic damages due to the injuries. These damages could include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.
Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. It's vital for pregnant women adhere to their doctor's advice regarding prenatal appointments. If you suspect that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These defects can be of varying severity and affect the way that a child acts, looks and functions. Some are minor, but others can cause serious problems and even lead to death.
The causes of a child's birth defects could be due to genetic anomalies or a wide range of environmental and chemical factors. For example, exposure to toxic chemicals could cause serious problems for a newborn. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful drugs or substances.
In the scientific literature, it is established that certain chemicals and toxins may cross the placenta to affect an unborn child. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects, such as cleft lips, palates and spina bifida.
While working, many mothers are exposed of toxic chemicals. These chemicals can be inhaled, inhaled or absorbed into the body's skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. These chemicals can also be consumed by parents who take certain over-the counter and prescription drugs. Many drugs have not been tested properly on pregnant woman and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, environmental exposure can also play a role. Numerous different chemicals and toxins found in our homes or workplace can increase the chance of a birth defect. This includes fungicides and pesticides, lead, heavy metals, some paints and other chemical compounds. Exposure to these toxins is almost always inevitable. However, when companies do not take precautions to protect pregnant employees they're negligent and may be held responsible.
Researchers are still unable to pinpoint the root of the birth defect. It is possible that an interaction between several factors can cause the condition, but the difficulty is evaluating 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 enroll 100,000 women from a representative population and track them over time and also their children. This study will provide the most comprehensive data to date on how various environmental factors impact fetal and child health.
Many parents suffering from a birth defect in their child are resentful that they have contributed to the problem, but it is often the case that these kinds of defects are inevitable. Our birth defect lawyers recognize this and are dedicated to helping families seek justice for children suffering from birth defects.
Product Liability
Birth problems are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, most of these causes can be cured. If your child was born with a medical issue that could have been prevented in the first place, you may be able to compensation through a birth defect lawsuit.
A New York birth defect lawyer can help you determine if your child's illness is caused by chemical exposure, a medication or other environmental trigger that could be eligible for compensation. Based on the severity of your child's illness the legal team will also be able calculate the full cost of the medical bills that are eligible for compensation.
While the vast majority of birth defects aren't caused by medical negligence, there are instances where a healthcare worker has been negligent before or during labor and delivery. A doctor might prescribe a medication that harms a baby even before birth, or make an error during surgery.
Our birth defect lawyers have successfully defended claims where a mother's health medical professional was exposed to prescription drugs or toxic chemicals which increased the chances that she will give birth to a child suffering from birth defects. We also brought birth defect law firms defect lawsuits against companies who expose workers to harmful substances while working, such as a paint factory or semiconductor manufacturing company.