5 Laws Everyone Working In Birth Defect Litigation Should Know
Birth Defect Lawsuits
Parents want their children to be perfect, but that's sometimes impossible. If this happens it is crucial that parents in shock seek the help of experienced birth defect lawyers.
Birth problems and injuries can result from medical malpractice 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 medical care in their field. This could mean failing to perform prenatal screening, prescribing medications that increase the chance of birth defects or making a mistake during labor and delivery.
Birth defects and birth injury can be caused by genetic and environmental factors, however, they could also be a result of a doctor's negligence. If a doctor fails detect congenital disabilities in utero, and then fails not to inform parents of the problem that their child is disabled, parents may be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all the expenses for their child's disabilities.
To win a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor owed a duty of duty to the patient, and that he violated this duty, that his actions or inaction action directly triggered damage and injuries, and that he or she was a victim of economic and non-economic damages because of the injuries. These damages could include medical expenses and lost wages, as well as emotional stress.
Certain birth defect attorney problems and injuries can be avoided by prompt testing and monitoring during pregnancy. Therefore, it's crucial for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with a type of birth defect in the United States. These defects vary in severity and impact way that a child appears, acts and functions in life. Some are minor, whereas others can cause serious issues and can even be fatal.
Birth defects can be caused by genetic disorders or a variety of environmental and chemcial factors. For example exposure to toxic chemicals could cause serious problems for a newborn. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies to harmful substances or drugs.
In scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect the unborn child. These toxins are teratogenic. Exposure to these chemicals can cause birth defects like Cleft lips and palates, spina bifida and muscular dystrophy.
While they are working, many mothers are exposed to a range of toxic chemicals. They can be ingested or inhaled through the skin of the body. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the production of semiconductors. Parents can also be exposed to these chemicals when they consume certain prescription and over-the counter drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's not the only reason. The presence of numerous toxins and chemical compounds in the workplace, at home and in food items can increase the risk of birth defects. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints and other chemical substances. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the specific cause of a birth defect. It is possible that an interaction between multiple factors may cause the condition, but the problem is evaluating the effects of these interactions in real time. The National Children's Study is important since it is currently in process across several states. The NCS will enrol 100,000 women from representative populations as well as follow them and their children over the long-term. This study will provide the most complete information on the effects of environmental factors on the health of infants and children.
Many parents suffering from a birth defect in their child feel guilty for having contributed to the disorder, but it is the norm that these kinds of issues are not a choice. Our birth defect lawyers understand this and are committed to families seeking justice for children suffering from birth defects.
Product Liability
Birth problems are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genes. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue that could have been prevented and you are entitled to recover damages through an action for birth defects.
A New York birth defect lawyer can help you determine if your child's condition is the result of chemical exposure, a medication or other environmental factor that is a reason to seek compensation. Based on the degree of your child's illness, your legal team will be able to estimate the full cost of the associated medical expenses that are suitable for compensation.
While the majority of these cases are not caused due to medical negligence there are instances where doctors have been negligent prior to or during labor and birth. A doctor could incorrectly prescribe a medication that harms the baby before it's born, or make an error during surgery.
Our birth defect lawyers have successfully defended lawsuits against drug makers in which a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child being born with a birth defect. We have also filed birth defect lawsuits against companies that expose their workers to dangerous substances while working for example, a paint factory or semiconductor manufacturing companies.