The Top Reasons For Birth Defect Litigation s Biggest "Myths" Concerning Birth Defect Litigation Might Be True
Birth Defect Lawsuits
Parents want their children to be perfect, but in some cases that's not possible. If that happens it is imperative that stunned parents seek the assistance of experienced birth defect lawyers.
Medical negligence, 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
When a doctor fails to adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This could be due to not performing prenatal tests, prescribing medications which increase the chance of birth defects or making a mistake during labor and delivery.
Birth defects and birth injuries are typically caused by genetic or environmental causes, but sometimes they arise due to an error or negligence of a physician. For instance when a doctor is unable to identify the presence of a congenital defect in utero and fails to inform parents of this condition, parents may make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the disabled child.
In order to win a medical malpractice claim in birth defect cases the plaintiff must show that the doctor owed a breach of duty to the patient, that he breached the duty, and that his actions or lack of action directly led to damages and injuries, and that he or she suffered economic and noneconomic damages as a result of the injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Some birth injuries and defects are preventable through timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to follow their doctors' advice about prenatal visits. If you believe that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year thousands of children are born with a form of birth defect in the United States. These birth defects can vary in severity and impact the manner in which a child looks, behaves and performs in life. Some are minor while others can cause serious issues and can even be fatal.
The reasons for a child's birth defects may be due to genetic disorders or a variety of environmental and chemical factors. Exposure to toxic chemicals, for instance could cause serious problems in a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or drugs.
In scientific research, it is known that certain chemicals and toxins can be transmitted through the placenta, affecting the unborn child. These chemicals are teratogenic. Exposure to these teratogenic chemicals can cause birth defects, such as Cleft lips and palates, spina bifida and muscular dystrophy.
Many mothers are exposed to a wide variety of harmful chemicals when they are at work. These chemicals can be inhaled or inhaled through the body's skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) used in the production of semiconductors. These toxins can also be ingested by parents when they consume certain prescription and over-thecounter medicines. This is due to the fact that many drugs are not adequately tested on pregnant women and have been proven 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 cause. The presence of various chemicals and toxins in the workplace, at home and in food can increase the risk of developing birth defects. This includes fungicides and pesticides lead, heavy metals, some paints and other chemical compounds. Exposure to these toxins is often inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers are still trying to determine the specific cause of a birth defect. It is possible that a mix of factors may cause the condition. The trick is to evaluate these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from a variety of populations as well as follow them and their children over the long-term. This study will provide the most complete data to date about how a variety of environmental factors affect fetal and child health.
Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the condition, however it's often the case that these kinds of problems are inevitable. Our birth defect lawyers understand this and are dedicated in helping families with children with birth defects.
Product Liability
Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue which could have been prevented or prevented, you could be entitled to compensation through a birth defect law firm defect lawsuit.
A New York birth defect lawyer can help you determine whether your child's condition is the result of chemical exposure, a drug or another environmental trigger which is eligible for compensation. Your legal team will calculate the total cost of medical expenses associated with your child's condition according to the severity.
Although the majority of birth defects aren't caused by medical negligence, there are occasions in which a doctor or healthcare worker was negligent before or during labor and birth. A doctor might incorrectly prescribe a medication that harms the baby before it is born, or make a mistake during surgery.
Our birth defect attorneys have successfully pursued claims in which a mother’s health care provider was exposed toxic chemicals or prescription drugs which increased the chance that she would give birth to a child who has birth defects. We also have brought birth defect lawsuits against companies that expose their workers to hazardous substances while working like a paint factory or semiconductor manufacturing company.