Why You Should Concentrate On The Improvement Of Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's impossible. If this happens, it is essential that stunned parents seek out the assistance of skilled birth defect lawyers.
Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to perform prenatal testing or prescribing medications which increase the chance of birth defects or committing an error during labor or delivery.
Birth defects and birth injuries are often caused by genetic or environmental causes, but occasionally they are the result of an error or negligence of a physician. If a doctor fails to detect congenital disabilities in utero and fails to inform parents of the condition, parents might be in a position to file a lawsuit for wrongful birth seeking compensation for all the expenses associated with their disabled child.
In order to win a medical malpractice claim in birth defect cases, the plaintiff must prove that the doctor was bound by a duty of care to the patient, and that he did not fulfill the duty, and that his actions or inaction action directly resulted in injuries and damages and that he suffered economic and non-economic losses because of the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.
Prenatal visits are necessary to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer as soon as you can.
Toxic Chemicals
In the United States, thousands of babies are born each year with a birth defect. These defects vary in severity and impact how a child appears and behaves throughout life. Some are minor while others can cause serious problems that may be fatal.
The causes of birth defects can stem from genetic anomalies or a wide variety of chemical and environmental factors. For example, exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.
In the scientific research, it is known that certain chemicals and toxins may cross the placenta to affect an unborn child. These toxins are teratogenic. The exposure to these teratogenic chemicals may cause birth defects, such as Cleft lips and palates as well as spina Bifida and muscular dystrophy.
Many mothers are exposed various toxic chemicals while they are working. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These contaminants can also be ingested by parents who take certain prescription and over-thecounter medicines. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's far from the only one. The presence of numerous toxins and chemical compounds in the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides and pesticides, lead, heavy metals, certain paints and other chemical compounds. Exposure to these toxic substances is generally inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers are still trying to determine the root of the birth defect. It is possible that a combination between multiple factors may cause the condition, but the difficulty is evaluating the 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 representative populations and will follow them throughout their lives and their children. This study will provide the most complete data available on how a variety of environmental factors impact fetal as well as child health.
Many parents who suffer from a birth defect in their child feel guilt and believe that they contributed to it. However, these issues are often unavoidable. Our birth defect lawyers recognize this and are dedicated to families who seek justice for children suffering from birth defects.
Product Liability
Many birth defects are caused by a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition which could have been avoided, you may be able to get compensation in a lawsuit for birth defects.
A New York birth defect lawyer will be able to help you determine whether your child's condition was caused by an exposure to chemicals, medication or another environmental trigger that is a reason to seek compensation. The legal team of your lawyer can estimate the total cost of medical expenses for your child's condition based on the severity.
Although the majority of birth defects aren't caused due to medical negligence, there are instances where a healthcare worker was negligent prior to or during labor and birth. A doctor might prescribe a medication that harms a baby even before birth, or may make an error during surgery.
Our birth defect lawyers have successfully litigated claims in which a mother’s health medical professional was exposed to prescription drugs or toxic chemicals which increased the chances that she would give birth to a baby with birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to dangerous chemicals when they work.