Birth Defect Litigation: 10 Things I d Like To Have Learned Earlier
Birth Defect Lawsuits
Parents want their children to be perfect, but that's sometimes not always possible. When that happens, it is essential that parents in shock seek the help of experienced birth defect lawyers.
Birth problems and injuries can be caused by medical negligence, drugs that are dangerous, and environmental exposure. A New York birth defects law firm can assist.
Medical Malpractice
If a doctor does not adhere to the accepted standard of practice in their region, it's deemed medical malpractice. It could be a failure to perform routine prenatal tests, prescribing medication that increases the risk of a birth defect, or making a mistake during the labor and delivery.
Birth defects and birth injuries are usually caused by environmental and genetic factors however, they could also be a result of a doctor's negligence. For instance the case where a doctor is unable to identify an inborn disability and then fails to notify parents of the disability, the parents may make a claim for wrongful birth seeking compensation for the lifetime costs associated with the disabled child.
A successful medical malpractice claim in birth defect cases demands that the doctor was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's actions or failure to act directly caused injuries and damages, and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages might include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the required tests and monitoring. If you suspect that the birth defect of your child is due to medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These birth defects can vary in severity and affect the way that a child appears and behaves throughout life. Some are minor, while others can lead to serious problems that may be fatal.
The reasons for a child's birth defect law firms defects can stem from genetic disorders or a range of chemical and environmental factors. Exposure to harmful chemicals, for instance, can cause serious complications in a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn children to harmful substances or drugs.
In the scientific literature, it has been established that certain chemicals and toxins can traverse the placenta to affect the unborn child. These toxins are known as teratogenic. The exposure to these chemicals can cause birth defects, such as the cleft lip and palate, spina bifida and muscular dystrophy.
While working, mothers are exposed a variety of toxic chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. These chemicals can also be consumed by parents who take certain prescription and over-thecounter medicines. A lot of pharmaceuticals haven't been thoroughly tested on pregnant women and have led to birth defects.
Environmental Exposure
Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's not the only one. Many different chemicals and toxins that are present in the home, workplace and food can increase the risk of a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints and various chemical substances. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that a combination of factors could cause the condition. The next step is to analyze the 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 enrol 100,000 women from diverse populations and monitor them and their children over the course of time. This study will provide the most complete information on how environmental factors affect fetal and childhood health.
Many parents who have a birth defect in their child feel guilt because they believe they contributed to it. But, these problems are not always preventable. Our birth defect lawyers are aware of this and are dedicated to helping families seek justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by a variety causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, most of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to seek compensation through lawsuits for birth defects.
A New York birth defect lawyer can assist you determine whether your child's condition is the result of an exposure to chemicals, medication or any other environmental cause that could be eligible for compensation. Your legal team can estimate the total cost of medical expenses associated with your child's condition based on the severity.
While the majority of cases are not the result of medical negligence however, there have been instances where a doctor has been negligent prior to or during labor and delivery. A doctor could prescribe a medication that harms a baby even before the birth, or make an error during surgery.
Our birth defect lawyers have successfully brought lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child developing a birth defect. We also brought birth defect lawsuits against companies that expose employees to harmful substances in the workplace in a paint factory or semiconductor manufacturing companies.