Why Nobody Cares About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it's not always possible. When that happens it is imperative that parents in shock seek the help of experienced birth defect lawyers.
Birth defects and injuries can be caused by medical negligence, drugs that are dangerous, and environmental exposure. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical negligence occurs when a doctor is in violation of the accepted standard of care in his or her field. This could be due to failing to perform prenatal testing, prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.
Birth defects and birth injury are usually caused by environmental and genetic factors, however, they could also be caused by a doctor's negligence. If a physician fails to detect congenital disabilities in utero, and then fails not to notify parents, the parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all the costs for their child's disabilities.
To prevail in a medical malpractice lawsuit in birth defect cases, the plaintiff must prove that the doctor owed a breach of care to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly led to damages and injuries and that he suffered economic and non-economic losses from the injuries. These damages could include medical bills or lost wages, as well emotional stress.
Some birth injuries and defects can be prevented through timely testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' advice regarding prenatal appointments. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer as soon as you can.
Toxic Chemicals
Every year, thousands of children are born with a kind of birth defect within the United States. These birth defects can be of various severity and affect the way that children behave, look and functions. Some are minor while others can cause serious problems and even be fatal.
The reasons for a child's birth defects may be due to genetic anomalies or a wide range of environmental and chemical factors. Exposure to toxic chemicals, for example could cause serious problems in the infant. Our firm is committed in bringing employers to account when they expose pregnant women or their unborn children to harmful substances or medications.
In the scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects like cleft lips and palates as well as spina bifida, and muscular dystrophy.
Many mothers are exposed to a wide variety of harmful chemicals when they are working. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE), which are used in the manufacture of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been thoroughly tested on pregnant women and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, environmental exposure can also be a significant factor. The presence of many different chemicals and toxins in the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the precise cause of a birth defect. It is possible that a mix of factors can cause the condition. The challenge is to evaluate these interactions 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 follow them over time and also their children. This study will provide the most comprehensive information to date on how various environmental factors impact fetal as well as child health.
Many parents who have a birth defect in their child feel guilt believing that they contributed to it. However, these defects are often unavoidable. Our birth defect lawyers understand this and are committed to helping families seek justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by a variety causes, from drug or alcohol use during pregnancy to genes. However, many of these issues can be prevented. If your child was diagnosed with a medical condition which could have been avoided, you may be able to get compensation in a lawsuit for birth defects.
A New York birth defect lawyer will be able to assist you determine if your child's illness was caused by chemical exposure, a drug or other environmental factor that is a reason to seek compensation. Your legal team will calculate the total cost of medical expenses for your child's condition according to the severity.
While the vast majority of birth defects aren't caused by medical negligence, there are instances where a doctor or healthcare professional has been negligent before or during labor and delivery. A doctor might prescribe a medication that can harm a baby before birth, or make an error during surgery.
Our birth defect lawyers have successfully pursued cases against drug companies where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child being born with birth defects. We also have filed birth defect lawsuits against semiconductor and paint factories that expose their workers to dangerous chemicals during their work.