The 3 Greatest Moments In Birth Defect Litigation History
Birth Defect Lawsuits
Parents want their children to be perfect however, sometimes that's not possible. When this happens, it's important that parents who are stunned seek out the help of experienced birth defects lawyers.
Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.
Medical Malpractice
When a doctor fails to follow the accepted standard of practice in his or her region, it's deemed medical malpractice. This might involve failing to conduct routine prenatal testing or prescribing medication that increases the risk of a birth defect or making a mistake during the birth and delivery.
Birth defects and birth injury can be caused by environmental and genetic factors, but they can also be a result of a doctor's negligence. If a physician fails to detect congenital disabilities in utero and fails to inform parents of the condition, parents might be able to file a claim for wrongful birth seeking compensation for all the costs associated with their disabled child.
In order to prevail in a medical malpractice case in birth defects the plaintiff must demonstrate that the doctor owed a breach of duty to the patient, and that he did not fulfill that duty, that his actions or inaction action directly triggered damages and injuries, and that he was a victim of economic and non-economic damages because of the injuries. These damages could include the costs of medical bills lost wages as well as pain and suffering and emotional distress.
Prenatal visits are crucial to ensure that pregnant women receive the required tests and monitoring. If you believe that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect manner in which a child looks and behaves throughout life. Some are minor, while others can cause serious problems and can even be fatal.
Birth defects can be caused by genetic anomalies or a range of environmental and chemcial factors. For example, exposure to toxic chemicals could cause serious problems for newborns. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful substances or medications.
It is well-established in the scientific research that certain toxins and chemicals can enter the placenta, affecting the unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals could cause birth defects such as the cleft lip and palate as well as spina Bifida and muscular dystrophy.
Many mothers are exposed to many toxic chemicals while working. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. These toxins can also be ingested by parents when they consume certain prescription and over-thecounter medicines. Many medications have not been properly tested on pregnant women and have resulted in birth defects.
Environmental Exposure
Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of many different toxins and chemical compounds in the home, at work and in food can increase the risk of birth defects. This includes fungicides, pesticides, lead, heavy metals, some paints and other chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when companies fail to protect pregnant workers, they're negligent and could be held accountable.
Researchers are still unable pinpoint exactly what causes a specific birth defect. It could be that a combination of factors can trigger the condition. The next step is to evaluate these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enrol 100,000 women from a variety of populations and will follow them and their children for the long-term. This study will provide the most complete data to date about how many environmental factors impact fetal as well as child health.
Many parents suffering from a child's birth defect are resentful that they have contributed to the condition, however it is the norm that these types of defects are inevitable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by a variety of causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, many of these issues can be prevented. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to recover damages through a birth defect lawsuit (sneak a peek here).
A New York birth defect attorney will be able to help you determine if your child's problem is caused by a medication, chemical or environmental exposure that is eligible for compensation. Based on the degree of your child's illness your legal team will be able to estimate the full cost of the medical bills that are suitable for compensation.
Although the majority of birth defects are not caused by medical negligence, there are instances where a healthcare professional has been negligent before or during labor and delivery. A doctor may prescribe a medication that injures an infant before it is born, or they may make an error during surgery.
Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with a birth defect. We have also brought birth defect lawsuits against companies who expose workers to dangerous chemicals while working for example, a paint factory or semiconductor manufacturing companies.