What s The Ugly Truth About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however, sometimes that's not always possible. If this happens, it's essential that parents who are stunned seek the help of experienced birth defect 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
When a doctor fails adhere to the accepted standards of practice in his or her region, it's deemed medical malpractice. This could include not performing prenatal tests and prescribing medicines that increase the risk of birth defects, or making an error during labor or delivery.
Birth birth defects and birth injuries can be caused by genetic and environmental factors, but sometimes they arise due to an error or negligence of a physician. For instance, if a physician is unable to identify the presence of a congenital defect in utero and fails to inform parents of the impairment, parents can bring a wrongful birth claim seeking compensation for all the lifetime expenses incurred by the disabled child.
A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the physician breached this duty, that the doctor's actions or failure to act led directly 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 or lost wages, as well emotional stress.
Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury attorney immediately.
Toxic Chemicals
Every year thousands of children are born with a kind of birth defect within the United States. These birth defects can vary in severity and affect manner in which a child looks and behaves throughout life. Some are minor, whereas others can cause serious problems and may even cause death.
The causes of a child's birth defects can stem from genetic anomalies or a wide variety of environmental and chemical factors. Exposure to harmful chemicals, for instance causes serious complications in babies. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful substances or medications.
In the scientific literature, it is established that certain chemicals and toxins can traverse the placenta and affect an unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals could cause birth defects like Cleft lips and palates as well as spina Bifida and muscular dystrophy.
Many mothers are exposed to an array of toxic chemicals when they are working. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These contaminants can also be ingested by parents when they consume certain prescription or over-the-counter medications. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been shown 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, workplace and food can increase the risk of having a birth defect. These include pesticides, fungicides lead, heavy metals, certain paints, and other chemical substances. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the root of the birth defect. It is possible that a combination with multiple factors could trigger the condition, but the problem is evaluating the interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enrol 100,000 women from diverse populations and will follow them and their children over the long-term. This study will provide the most comprehensive information to date on how different environmental factors impact fetal and child health.
Many parents suffering from a birth defect in their child feel guilty that they may have contributed to the condition, however it's often the case that these kinds of issues are a given. Our birth defect attorneys understand this and are committed to helping families with children who have birth defects.
Product Liability
Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. However, many of these causes are preventable. If your child was diagnosed with a medical condition that could have been prevented it is possible to seek compensation through lawsuits for birth defects.
A New York birth defect attorney can help you determine if your child's illness is caused by a medication, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical expenses related to your child's condition according to the severity.
Although the vast majority of birth injuries are not the result of medical negligence there are instances in which a doctor was negligent prior to or during labor and birth. A doctor may prescribe a medication which harms a baby before it is born, or they may commit a mistake during surgery.
Our birth defect attorneys have successfully defended claims where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chances that she would give birth to a child suffering from birth defects. We have also filed birth defect lawsuits against companies that expose employees to dangerous chemicals while working like a paint factory or semiconductor manufacturing companies.