How To Beat Your Boss On Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however sometimes it's impossible. When that happens, it is essential that parents in shock seek the help of seasoned birth defect lawyers.
Birth injuries and birth defects can be caused by medical negligence and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm can provide answers.
Medical Malpractice
When a doctor fails to follow the accepted standard of practice in their field, it's considered medical malpractice. This could mean failing to perform prenatal testing and prescribing medicines which increase the chance of birth defects or committing an error during labor and birth.
Birth defects and birth injuries are usually the result of environmental and genetic factors but they can also be the result of an error by a doctor. For example when a doctor fails to recognize an inborn disability and then fails to notify the parents of this condition, parents may bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.
In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor owed a duty of care to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly led to damage and injuries, and that the patient suffered economic and noneconomic damages because of the injuries. These damages could include medical expenses and lost wages, as well as emotional stress.
Some birth injuries and defects are preventable by timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' advice regarding prenatal visits. If you suspect that the birth defect of your child is due to 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 birth defects. These birth defects are of various degrees and affect the way that a child acts, looks and performs. Some are minor while others can cause serious issues that could be fatal.
Birth defects can result from genetic disorders or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for instance could cause serious problems in babies. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or drugs.
In the scientific literature, it is established that certain chemicals and toxins can traverse the placenta and affect an unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals could cause birth defects like lip clefts, palates, and spina Bifida.
While working, mothers are exposed of harmful chemicals. These chemicals can be consumed or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription or over-the-counter medications. This is due to the fact that many drugs are not adequately tested on pregnant women and have been shown 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 one. Numerous different chemicals and toxins that are found in the home workplace, food and work environment can increase the risk of having a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints and many other chemical compounds. Exposure to these toxic substances is usually unavoidable. However, if companies fail to protect pregnant workers, they're negligent and may be held accountable.
Researchers aren't able to identify the exact cause of the specific birth defect. It is possible that a mix of factors can cause the condition. The challenge is to study these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100 women from the representative population and monitor them and their children over the long run. This study will provide the most complete data available on how many environmental factors affect fetal and child health.
Many parents who have a birth defect in their child feel guilt believing that they contributed to it. However, these issues are not always preventable. Our birth defect attorneys understand this and are dedicated in helping families with children with birth defects.
Product Liability
Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these issues can be prevented. If your child was born with a medical condition which could have been prevented, you may be entitled to compensation through an action for birth defects.
A New York birth defect attorney can assist you to determine if your child's problem is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills for your child's condition in relation to the severity.
Although the majority of birth defects aren't caused due to medical negligence, there are occasions when a healthcare worker has been negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication which harms an infant before it is born, or make an error during surgery.
Our birth defect lawyers have successfully prosecuted lawsuits against drug makers when a mother's medical healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her having a child born with a birth defect. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers to harmful chemicals when they work.