The Ugly Truth About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect, but that's sometimes not possible. When that becomes a reality it is imperative that stunned parents seek the help of seasoned birth defect lawyers.
Birth problems and injuries can result from medical malpractice and drugs that are harmful as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.
Medical Malpractice
Medical negligence occurs when a doctor violates the accepted standard of medical care in their field. This could mean failing to perform prenatal screening, prescribing medications that increase the likelihood 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 sometimes they are caused by the negligence or malpractice of a doctor. For instance in the event that a physician does not recognize an inborn disability and then fails to notify parents of the condition, parents may make a claim for wrongful birth seeking compensation for all the lifetime costs associated with 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 doctor did not fulfill this duty, that the doctor's actions or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages could include medical expenses, lost wages and emotional stress.
Prenatal visits are necessary to ensure that pregnant women receive the necessary testing and monitoring. If you believe that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born each year with a birth defect. These defects may be of different severity and affect the way that a child acts, looks and functions. Some are minor while others can lead to serious problems that may be fatal.
birth defect law firms problems can be caused by genetic anomalies or a range of chemcial and environmental factors. Exposure to harmful chemicals, for instance causes serious complications in babies. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or drugs.
It is well-established in the scientific literature that certain toxins and chemicals can pass through the placenta, affecting an unborn baby. These toxins are teratogenic. The exposure to these chemicals can cause birth defects, such as Cleft lips and palates, spina bifida and muscular dystrophy.
Many mothers are exposed a wide variety of harmful chemicals when they are at work. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents can also be exposed poisons when they consume certain prescription or over-the-counter medications. This is due to the fact that a number of 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 prevalent causes of birth defects, exposure to environmental factors is also a major cause. The presence of a variety of chemicals and toxins in the workplace, at home and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.
Researchers are still unable to pinpoint the specific cause of a birth defect. It is possible that a combination between several factors can cause the condition, but the challenge is assessing the effects of these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from representative populations and will follow them and their children for the long-term. This study will provide most comprehensive data on how environmental factors impact the health of a child's fetus and.
Many parents who suffer from a birth defect in their child are resentful and believe that they are responsible for it. However, these defects are usually inevitable. Our birth defect attorneys are aware of this and are dedicated in helping families whose children are born with birth defects.
Product Liability
Birth defects are caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be avoided. If your child was born with a medical issue which could have been prevented and you are entitled to compensation through a birth defect lawsuit.
A New York birth defect lawyer will be able to assist you determine whether your child's condition is the result of chemical exposure, a drug or other environmental factor that could be eligible for compensation. Your legal team can calculate the total cost of medical bills associated with your child's condition according to the severity.
While the majority of these cases are not caused due to medical negligence There have been instances where a doctor was negligent during or prior to labor and birth. A doctor may prescribe a medicine incorrectly, which harms a baby even before the birth, or make an error in surgery.
Our birth defect lawyers have successfully brought lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her having a child with birth defect. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers toxic chemicals while at work.