Why Nobody Cares About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's not feasible. If this happens, it's essential that parents who are stunned seek the assistance of a seasoned birth defect attorney defect lawyers.
Birth defects and injuries can be caused by medical negligence and drugs that are harmful or exposure to environmental toxins. A New York birth defects law firm can assist.
Medical Malpractice
Medical malpractice occurs when a doctor is in violation of the accepted standard of care in his or her field. This could be due to not performing prenatal tests or prescribing medications that increase the likelihood of birth defects, or making an error during labor and delivery.
Birth defects and birth injury can be caused by environmental and genetic factors, however, they can also be a result of the negligence of a doctor. If a doctor fails to detect congenital problems in utero, and then fails not to inform parents they may be legally able to file a case for compensation in the event of a wrongful birth. for all costs associated with their disabled child.
A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the doctor did not fulfill this duty, that the doctor's actions or inability to act directly led to injuries and damages and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages could include medical expenses, lost wages and emotional distress.
Certain birth defects and injuries are preventable through timely testing and monitoring during pregnancy, so it's vital for pregnant women adhere to their doctor's recommendations regarding their prenatal visits. If you suspect that medical malpractice caused your child's birth defects, contact 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 the way that a child appears and behaves throughout life. Some are minor while others can cause serious issues and even be fatal.
The causes of birth defects can stem from genetic anomalies or a wide range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or drugs.
In scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta to affect an unborn child. These toxins are called teratogenic. The exposure to these teratogenic chemicals could cause birth defects, such as Cleft lips and palates, spina bifida and muscular dystrophy.
Many mothers are exposed a wide variety of toxic chemicals when they are working. These chemicals can be consumed, inhaled or absorbed into the skin of the body. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. Many pharmaceuticals have not been thoroughly tested on pregnant women and may cause birth defects.
Environmental Exposure
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's not the only one. Many different toxins and chemicals found in our homes as well as in food items could increase the chances of having a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are still unable to pinpoint the root of the birth defect. It is possible that a combination between several factors can cause the condition, but the difficulty is assessing 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 enrol 100,000 women from a variety of populations and follow them and their children over the long term. This study will provide the most complete data to date about how many environmental factors impact fetal as well as child health.
Many parents who have a birth defect in their child feel guilt believing that they were responsible for the defect. But, these problems are usually inevitable. Our birth defect lawyers understand this and are dedicated in helping families whose children are born who have birth defects.
Product Liability
Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. However, many of these causes are preventable. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to claim damages through an action for birth defects.
A New York birth defect attorney will be able to help you determine if your child's condition is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical bills associated with your child's condition depending on the severity.
Although the majority of birth defects are not caused due to medical negligence, there are some instances when a healthcare worker is negligent before or during labor and delivery. A doctor may prescribe a medication which harms an infant before it is born, or they may make a mistake during surgery.
Our birth defect attorneys have successfully defended allegations that a mother's health care provider was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she could give birth to a child with birth defects. We also have brought birth defect lawsuits against companies that expose employees to hazardous substances at work like a paint factory or semiconductor manufacturing company.