The Three Greatest Moments In Birth Defect Litigation History
Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes it's not feasible. When that happens it is vital that parents who are in shock seek out the assistance of skilled birth defect lawyers.
Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. 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 medical care in their field. This may include failing to perform prenatal screening or prescribing medications that increase the likelihood of birth defects, or making an error during labor and birth.
Birth birth defects and birth injuries are usually caused by genetic and environmental causes, but occasionally they are the result of an error or negligence of a physician. For instance, if a physician is unable to identify the presence of a congenital defect in utero and fails to inform parents of this condition, parents may file a wrongful birth claim seeking compensation for the lifelong costs associated with the disabled child.
To win a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor was bound by a duty of duty to the patient, that he failed to fulfill this duty, that his actions or inaction action directly resulted in damage and injuries, and that he or she suffered economic and noneconomic damage from the injuries. These damages might include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer as soon as you can.
Toxic Chemicals
Every year, thousands of children are born with some type of birth defect in the United States. These defects can vary in severity and affect how a child appears, acts and functions in life. Some are minor, but others can cause serious problems and even be fatal.
Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for example causes serious complications in a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or medications.
In the 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. These teratogenic chemicals can cause birth defects like the cleft palate, lips and spina Bifida.
While they are working, mothers are exposed a variety of toxic chemicals. These chemicals can be ingested or inhaled through the skin of the body. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. These toxic substances can also be consumed by parents who take certain prescription or over-the-counter medications. Many pharmaceuticals have not been thoroughly tested on pregnant women and may cause birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure is also a major factor. The presence of numerous chemical compounds and toxins in the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most commonly used. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxins is generally inevitable. However, when employers do not take precautions to protect pregnant employees they are negligent and can be held accountable.
Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that a combination of factors may cause the condition. The trick is to study the effects of these factors in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative population and track them over time, as well as their children. This study will provide the most comprehensive data to date about how many environmental factors influence fetal and child health.
Many parents suffering from a birth defect in their child feel guilty that they may have contributed to the problem, but it is the norm that these kinds of problems are a given. Our birth defect lawyers recognize this and are committed to families seeking justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be avoided. If your child was born with a medical condition that could have been avoided, you may be entitled to claim damages in an action for birth defects.
A New York birth defect lawyer can assist you determine if your child's illness was caused by an exposure to chemicals, medication or another environmental trigger that could be eligible for compensation. Your legal team can estimate the total cost of medical expenses for your child's condition based on the severity.
While the majority of these cases are not the result of medical negligence there are instances where a doctor has been negligent prior to or during labor and birth. A doctor may prescribe a medication that harms a baby even before birth, or may make an error in surgery.
Our birth defect attorneys defect lawyers have successfully brought lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the chance of her having a child with birth defect. We have also brought birth defect lawsuits against companies that expose employees to dangerous substances at work, such as a paint factory or semiconductor manufacturing company.