How To Beat Your Boss On Birth Defect Litigation
Birth Defect Lawsuits
Parents wish their children to be perfect, but in some cases that's not possible. When this happens, it's important that parents who are shocked seek the assistance of a seasoned birth defects lawyers.
Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you get answers.
Medical Malpractice
If a physician fails to adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. This could mean failing to perform prenatal screening or prescribing drugs that increase the risk of birth defects or making a mistake during labor and delivery.
Birth birth defects and birth injuries are usually the result of genetic and environmental causes, but sometimes they arise due to an error or negligence of a physician. If a doctor fails to detect congenital disabilities during pregnancy, and then fails not to inform the parents they may be in a position to file a lawsuit for compensation due to a birth defect for all expenses related to their child's disability.
A successful medical malpractice claim in birth defect cases must prove that the doctor owed the patient a duty of care, that the physician breached this duty, that the doctor's actions or inability to act led directly to injuries and damages and that the victim was harmed economically and non-economically due to his or her injuries. These damages could include medical expenses, lost wages and emotional distress.
Prenatal visits are crucial 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 attorney immediately.
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 affect way a child looks, acts and functions in life. Some are minor, but others can cause serious issues and can even be fatal.
The causes of a child's birth defects can stem from genetic disorders or a variety of chemical and environmental factors. For instance, exposure to toxic chemicals could cause serious complications for newborns. Our company is committed to ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful medications or substances.
It is well-established in the scientific studies that certain toxicants and chemicals can cross the placenta, affecting the unborn baby. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects such as lips, palates, and clefts as well as spina bifida.
While working, mothers are exposed to a range of harmful chemicals. These chemicals can be ingested or inhaled, or absorbed by the body's 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 chemicals 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 shown to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure is also a major factor. A variety of toxins and chemicals that are found in the home or workplace can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is almost 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 pin down exactly what causes the specific birth defect. It is possible that an interaction between multiple factors may cause the condition, but the problem is assessing these interactions in real-time. The National Children's Study is important since it is currently in process in a number of states. The NCS will enroll 100,000 women from a representative populations and will follow them over time, as well as their children. This study will provide the most complete data available on how different environmental factors impact fetal and child health.
Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the disorder, but it is often the case that these kinds of defects are not a choice. Our birth defect lawyers are aware of this and are committed to helping families seek justice for children suffering from birth defects.
Product Liability
Many birth defects result from a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided or prevented, you might be able to claim damages in a lawsuit involving birth defects.
A New York birth defect lawyer will be able to assist you determine whether your child's condition was caused by chemical exposure, a medication or any other environmental cause that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills associated with your child's condition in relation to the severity.
While the majority of these cases are not the result of medical negligence there are instances where a doctor has been negligent during or prior to labor and delivery. A doctor might incorrectly prescribe a medication which harms the baby before it is born, or they may commit a mistake during surgery.
Our birth defect lawyers have successfully defended cases where a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the risk that she will give birth to a baby with birth defects. We also have brought birth defect attorneys defect lawsuits against semiconductor and paint factories that expose their workers to dangerous chemicals in the workplace.