15 Trends That Are Coming Up About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect, but that's sometimes impossible. When this happens, it's vital that parents who are stunned seek the assistance of experienced birth defects lawyers.
Birth injuries and birth defects could be caused by medical negligence or drugs that pose a risk, and environmental exposure. A New York birth defect law firm can help you get answers.
Medical Malpractice
Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could include failing to perform prenatal screening or prescribing medications that increase the chance of birth defects, or making an error during labor or delivery.
Birth birth defects and birth defect law firms injuries can be caused by genetic or environmental causes, however sometimes they are the result of a doctor's negligence or malpractice. If a doctor fails detect congenital disabilities in utero and fails to inform the parents that their child is disabled, parents may be in a position to file a lawsuit for compensation due to a birth defect for all expenses for their child's disabilities.
In order to prevail in a medical negligence case in birth defect cases the plaintiff has to prove that the doctor owed a duty of care to the patient, and that he violated the duty, that his actions or lack of action directly resulted in damages and injuries and that the patient suffered economic and noneconomic damages as a result of the injuries. These damages could include medical bills and lost wages, as well as emotional stress.
Certain birth defects and injuries are preventable through timely testing and monitoring during pregnancy. Therefore, it's vital for pregnant women follow their doctors' advice regarding their prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with a kind of birth defect within the United States. These defects vary in severity and affect way that a child appears, behaves and performs in life. Some are minor, whereas others can cause serious problems and may even cause death.
The reasons for a child's birth defects may be due to genetic anomalies or a wide range of chemical and environmental factors. For instance, exposure to toxic chemicals could cause serious health issues for newborns. Our company is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.
In the scientific literature, it is established that certain chemicals and toxins can cross the placenta to affect an unborn child. These chemicals are teratogenic. Exposure to these teratogenic chemicals can cause birth defects, such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.
While they are working, mothers are exposed to a variety of harmful chemicals. These chemicals can be inhaled or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. Parents may also be exposed toxins when they are consuming certain prescription and over-the counter drugs. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's far from the only one. Numerous different chemicals and toxins that are found in the home as well as in food items can increase the chance of having a birth defect. These include fungicides, pesticides, lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, it is negligence and they can be held accountable.
Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that an interaction between a variety of factors could cause the condition, but the problem is evaluating these interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enroll 100,000 women from a representative population and track them throughout their lives, as well as their children. This study will provide most comprehensive information about how environmental factors impact the health of children and fetuses.
Many parents who have a birth defect in their child feel guilty because they believe they were responsible for the defect. However, these issues are usually unavoidable. Our birth defect lawyers recognize this and are committed to families who seek justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by many factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was born with a medical issue which could have been prevented and you are entitled to claim damages through a birth defect lawsuit.
A New York birth defect lawyer will be able to help you determine if your child's illness is caused by chemical exposure, a drug or any other environmental cause that could be eligible for compensation. Depending on the degree of your child's illness your legal counsel will also be able to calculate the total cost of medical bills qualified for compensation.
While the majority of these cases are not caused due to medical negligence however, there have been instances where doctors have been negligent during or prior to labor and delivery. A doctor may prescribe a medicine that hurts an infant before it is born, or commit a mistake during surgery.
Our birth defect lawyers have successfully prosecuted claims against drug manufacturers in which a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child born with a birth defect. We have also filed birth defect lawsuits against companies that expose their workers to hazardous substances at work for example, a paint factory or semiconductor manufacturing companies.