The Most Pervasive Issues With Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's not possible. When that becomes a reality it is vital that stunned parents seek the assistance of experienced birth defect lawyers.
Birth defects and injuries can result from medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defects law firm can help.
Medical Malpractice
If a physician fails to follow the accepted standard of practice in their area, it is deemed medical malpractice. This could include failing to perform routine prenatal testing and prescribing a medication that increases the likelihood of a birth defect or making a misstep during the labor and delivery.
Birth defects and birth injury can be caused by environmental and genetic factors but they can also be the result of an error by a doctor. If a physician fails to detect congenital disabilities in utero and fails to inform parents they may be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all the costs that are associated with their disabled child.
A successful medical malpractice claim in birth defect cases demands that the physician had a duty to the patient of care, that the physician violated this duty, the doctor's negligence or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic damage as a result of the injuries. These damages could include medical bills, lost wages and emotional stress.
Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy, so it's essential for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with some type of birth defect in the United States. These defects vary in severity and impact the way that a child appears, behaves and performs in life. Some are minor, while others can lead to serious problems that may be fatal.
The causes of birth defects can be attributed to genetic abnormalities or a range of chemical and environmental factors. Exposure to toxic chemicals, for example could cause serious problems in the infant. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.
It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta to affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects like cleft lips, palates and spina bifida.
Many mothers are exposed various harmful chemicals when they are working. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) which are used in the manufacturing of semiconductors. These toxic substances can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. This is because many pharmaceuticals are not adequately tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure can also play a role. Numerous different chemicals and toxins found in our homes as well as in food items could increase the chances of a birth defect. This includes fungicides, pesticides lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.
Researchers are still trying to find the precise cause of a birth defect. It is possible that a variety of factors can trigger the condition. The challenge is to analyze these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from a representative populations and will follow them over time and also their children. This study will provide the most complete information on how environmental factors impact fetal and childhood health.
Many parents who have a birth defect in their child feel guilt and believe that they are responsible for it. However, these issues are often unavoidable. Our birth defect lawyers are aware of this and are dedicated in helping families with children who have birth defects.
Product Liability
Birth defects are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. However, many of these causes are preventable. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to recover damages in a lawsuit involving birth defects.
A New York Birth Defect Attorney - Http://Gogumaweb.Com/, will be able help you determine if the condition of your child is caused by an illness, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's illness the legal team will also be able to calculate the full cost of the medical bills that are suitable for compensation.
While the majority of these cases are not caused due to medical negligence there are instances where a doctor was negligent during or before labor and birth. A doctor may prescribe a medication which harms a baby before it is born, or make an error during surgery.
Our birth defect lawyers have successfully defended lawsuits against drug makers in which a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her child developing a birth defect. We have also brought birth defect lawsuits against semiconductor and paint factories which expose their employees to toxic chemicals while at work.