5 Laws That Anyone Working In Birth Defect Litigation Should Know
Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it's not possible. When this happens, it's important parents who are shocked seek the help of experienced birth defect lawyers.
Birth injuries and birth defects could be caused by medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm - Enfogentraining.com, can provide answers.
Medical Malpractice
When a doctor fails adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. It could be a failure to perform routine prenatal testing or prescribing medication that increases the risk of a birth defect or making a misstep during the birth and delivery.
Birth defects and birth injuries can be caused by genetic or environmental causes, but sometimes they arise due to medical negligence or malpractice. If a physician fails to detect congenital disabilities in utero, and then fails not to inform parents of the problem they may be eligible to file a claim for compensation in the event of a wrongful birth. for all the expenses for their child's disabilities.
To win a medical malpractice lawsuit in birth defects the plaintiff must show that the doctor was in breach of a duty of duty to the patient, that he breached this duty, that his actions or lack of action directly resulted in damages and injuries, and that the patient was a victim of economic and non-economic damages from the injuries. These damages could include medical bills or lost wages, as well emotional stress.
Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, so it's crucial for pregnant women to adhere to their doctor's recommendations about prenatal visits. If you suspect that medical malpractice caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer as soon as you can.
Toxic Chemicals
Every year thousands of children are born with a form of birth defect in the United States. These defects can vary in severity and impact way a child looks, behaves and performs in life. Some are minor and others can cause serious problems that may be fatal.
The causes of birth defects can be attributed to genetic anomalies or a wide variety of environmental and chemical factors. For instance, exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or medications.
It is well-established in the scientific research that certain toxins as well as chemicals can cross the placenta to affect an unborn baby. These toxins are called teratogenic. These teratogenic chemicals may cause birth defects, such as lip clefts, palates, and spina bifida.
While working, many mothers are exposed of toxic chemicals. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the production of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been demonstrated to cause 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 one. Many different chemicals and toxins that are found in the home as well as in food items could increase the chances of a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, when companies do not take precautions to protect pregnant employees, they are negligent and could be held accountable.
Researchers have yet to pinpoint the root of the birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the difficulty is evaluating the effects of these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative population and follow them throughout their lives and also their children. This study will provide the most comprehensive data on how environmental factors impact the health of children and fetuses.
Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the disorder, but it's usually the case that these kinds of problems are not a choice. Our birth defect lawyers know this and are dedicated to families seeking justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by a variety of factors, ranging 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 issue which could have been avoided it is possible to recover damages in a lawsuit for birth defects.
A New York birth defect lawyer will be able to assist you determine whether your child's illness was caused by chemical exposure, a drug or another environmental trigger that could be eligible for compensation. Depending on the severity of your child's health condition, your legal team will be able to estimate the full cost of the associated medical expenses that are admissible for compensation.
Although the vast majority of birth injuries are not the result of medical negligence, there have been cases where doctors have been negligent during or before labor and delivery. A physician may incorrectly prescribe a medication that harms a baby before it is born, or make a mistake during surgery.
Our birth defect lawyers have successfully defended allegations that a mother's health care provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she could give birth to a baby with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers hazardous substances at work.