Your Worst Nightmare Concerning Birth Defect Litigation It s Coming To Life
Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it's not always possible. If that happens it is imperative that parents who are in shock 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 defects law firm can help.
Medical Malpractice
When a doctor fails to adhere to the accepted standards of practice in their area, it is considered medical malpractice. This could include not performing prenatal tests and prescribing medicines that increase the chance of birth defects or making a mistake during labor and delivery.
Birth defects and birth injuries can be caused by genetic and environmental factors, but sometimes they are the result of medical negligence or malpractice. For example in the event that a physician is unable to identify an inborn disability and fails to inform the parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the lifelong costs associated with the disabled child.
In order to prevail in a medical malpractice case in birth defect cases the plaintiff has to prove that the doctor owed a duty of care to the patient, and that he violated the duty, that his actions or lack of action directly caused damages and injuries, and that he or she suffered economic and noneconomic damages as a result of the injuries. These damages might include the costs of medical bills lost wages as well as pain and suffering and emotional distress.
Certain birth injuries and defects can be prevented through timely testing and monitoring during pregnancy. It's essential for pregnant women to adhere to their doctor's recommendations regarding prenatal appointments. If you suspect that your child's birth defect is the result of medical malpractice, you should contact an experienced medical malpractice 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 can be of various severity and impact the way the child behaves, looks and performs. Some are minor while others can lead to serious issues that could be fatal.
Birth birth defects can be caused by genetic disorders or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for instance, can cause 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.
It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta and harm the unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects, such as lips, palates, and clefts as well as spina bifida.
While they are working, many mothers are exposed a variety of harmful chemicals. These chemicals can be inhaled, inhaled or absorbed into the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the production of semiconductors. These toxic substances can also be consumed by parents when they take certain prescription and over-the-counter drugs. This is due to the fact that many drugs are not adequately tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most common causes of birth defects, environmental exposure can also be a significant factor. A variety of toxins and chemicals that are present in the home or workplace could increase the chances of having a birth defect. This includes fungicides, pesticides lead, heavy metals, some paints and other chemical substances. Exposure to these toxins is usually unavoidable. However, if companies fail to protect pregnant workers, they are negligent and can be held accountable.
Researchers are unable to pinpoint exactly what causes a specific birth defect. It is possible that a combination between several factors can cause the condition, but the difficulty is assessing the interactions in real-time. The National Children's Study is important because it is now underway across several states. The NCS will enroll 100,000 women from representative population and monitor them over time and their children. This study will provide the most complete data to date on how many environmental factors impact fetal as well as child health.
Many parents suffering from a child's birth defect feel guilty that they may have contributed to the problem, but it is often the case that these kinds of problems are not a choice. Our birth defect lawyers know this and are dedicated to families who seek justice for children suffering from birth defects.
Product Liability
Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical condition that could have been avoided and prevented, you could be able to get compensation in a lawsuit for birth defects.
A New York birth defect attorney will be able to help you determine if your child's illness is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. Depending on the severity of your child's illness, your legal team will also be able to determine the full cost of the medical bills that are qualified for compensation.
While the vast majority of birth defects are not caused by medical negligence, there are instances where a healthcare professional has been negligent before or during labor and delivery. A doctor could prescribe a medicine incorrectly, which harms a baby even before birth, or even make an error in surgery.
Our birth defect attorneys have successfully pursued claims where a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chances that she would give birth to a child with birth defects. We have also filed birth defect lawsuits against companies that expose employees to hazardous substances in the workplace, such as a paint factory or semiconductor manufacturing company.