"The Ultimate Cheat Sheet" On Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect however sometimes it's not possible. When that happens it is vital for parents to seek the help of experienced birth defect lawyers.
Birth problems and injuries can be caused by medical negligence or drugs that pose a risk as well as exposure to environmental hazards. A New York Birth Defect Law Firm (Http://Www.Onyangchinaware.Co.Kr/Bbs/Board.Php?Bo_Table=Order&Wr_Id=184888) can assist you in getting answers.
Medical Malpractice
Medical negligence occurs when a doctor does not adhere to the accepted standards of care in his or her field. This could mean not performing prenatal tests and prescribing medicines that increase the risk of birth defects or making a mistake during labor and delivery.
Birth defects and birth injury are often caused by genetic and environmental factors, however, they could also be caused by an error by a doctor. If a doctor fails detect congenital disabilities during pregnancy and fails to notify parents, the parents may be able to file a claim for wrongful birth seeking compensation for all expenses associated with their disabled child.
In order to prevail in a medical negligence case in birth defect cases the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, that he breached that duty, that his actions or inaction action directly resulted in damages and injuries, and that he or she suffered economic and noneconomic damage due to the injuries. These damages could include medical bills, lost wages and emotional distress.
Certain birth problems and injuries can be avoided with timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to follow their doctors' advice regarding prenatal visits. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with some form of birth defect in the United States. These defects vary in severity and affect way that a child appears, behaves and performs in life. Some are minor, but others can cause serious problems and even lead to death.
The reasons for a child's birth defects could be due to genetic disorders or a range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious problems for newborns. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or drugs.
It is well-established in the scientific studies that certain toxicants and chemicals can cross the placenta and affect the unborn baby. These toxins are teratogenic. These teratogenic chemicals may cause birth defects like cleft lips, palates and spina Bifida.
Many mothers are exposed many toxic chemicals while they are at work. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. These contaminants can also be ingested by parents who take certain prescription and over-thecounter medicines. 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 far from the only one. The presence of numerous chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. But, when businesses fail to safeguard pregnant employees, they're negligent and may be held accountable.
Researchers are still unable pin down exactly what causes a specific birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the problem is evaluating the interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enrol 100 women from the representative population and follow them and their children over the long run. 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 suffer from a birth defect in their child feel guilty because they believe they are responsible for it. However, these defects are not always preventable. Our birth defect attorneys are aware of this and are dedicated in helping families with children with birth defects.
Product Liability
Birth defects can be caused by many factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes can be avoided. If your child was born with a medical condition that could have been prevented and you are entitled to claim damages through an action for birth defects.
A New York birth defect attorney will be able help you determine if your child's problem is due to the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical bills related to your child's condition based on the severity.
Although the vast majority of birth injuries are not caused due to medical negligence however, there have been instances where a doctor was negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medication that injures an infant before it is born, or commit a mistake during surgery.
Our birth defect attorneys have successfully pursued claims where a mother's health care provider was exposed to toxic chemicals or prescription drugs which increased the chances that she could give birth to a child with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories who expose their workers to dangerous chemicals when they work.