The 10 Most Terrifying Things About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect however, sometimes that's not possible. If this happens it is vital for parents to seek the help of experienced birth defect lawyers.
Birth injuries and birth defects can be caused by medical negligence, drugs that are dangerous and exposure to environmental factors. A New York birth defect law firm can help you get answers.
Medical Malpractice
Medical negligence occurs when a doctor is in violation of the accepted standard of medical care in their field. This could mean failing to conduct prenatal testing or prescribing medications that increase the likelihood of birth defects or making a mistake during labor and delivery.
Birth defects and birth injury can be caused by environmental and genetic factors however, they can also be a result of the negligence of a physician. If a doctor fails to detect congenital defects in utero and fails to inform the parents they may be in a position to file a lawsuit for compensation due to a birth defect for all costs that are associated with their disabled child.
In order to prevail in a medical negligence case in birth defect cases the plaintiff has to prove that the doctor was bound by a duty of care to the patient, and that he did not fulfill the duty, that his actions or lack of action directly resulted in injuries and damages and that he or she suffered economic and noneconomic damage because of the injuries. These damages could include medical bills, lost wages and emotional stress.
Prenatal visits are essential to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that the birth defect of your child 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 form of birth defect in the United States. These defects vary in severity and affect the way that a child appears, acts and functions in life. Some are minor, while others can cause serious issues and can even be fatal.
Birth defects can result from genetic disorders or a variety of chemcial and environmental causes. For instance, exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed in making employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.
In the scientific research, it is known that certain chemicals and toxins may cross the placenta to affect an unborn child. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals may cause birth defects, such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.
Many mothers are exposed to various toxic chemicals while working. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. Parents can be exposed to these chemicals when they consume certain prescription and over-the counter drugs. A lot of pharmaceuticals haven't been properly tested on pregnant woman and have caused birth defects.
Environmental Exposure
Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only cause. The presence of various toxins and chemical compounds in the home, at work and in food items can increase the risk of developing birth defects. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints and many other chemical substances. Exposure to toxic substances is almost always inevitable. But, when businesses fail to safeguard pregnant employees they're negligent and may be held responsible.
Researchers aren't able to determine exactly what causes a specific birth defect. It could be that a combination of factors may cause the condition. The problem is to analyze 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 enroll 100,000 women from a representative population and track them throughout their lives and their children. This study will provide the most comprehensive information to date on how many environmental factors affect fetal and child health.
Many parents suffering from a birth defect in their child are resentful that they have contributed to the condition, however it's usually the case that these kinds of defects are inevitable. Our birth defect lawyers understand this and are committed to families seeking justice for children suffering from birth defects.
Product Liability
Many birth defects are caused by a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be cured. If your child was diagnosed with a medical condition which could have been avoided or prevented, you might be able to recover damages in lawsuits for birth defects.
A New York birth defect lawyer can help you determine if your child's illness is caused by a medication, chemical exposure or another environmental trigger that could be eligible for compensation. Your legal team will calculate the total cost of medical bills associated with your child's condition depending on the severity.
Although the vast majority are not the result of medical negligence there are instances where a doctor was negligent during or before labor and birth. A physician may incorrectly prescribe a medicine that hurts a baby before it is born, or make an error during surgery.
Our birth defect lawyers have successfully pursued cases against drug companies in which a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her having a child with birth defect. We also brought birth defect lawsuits against companies who expose workers to harmful substances while working for example, a paint factory or semiconductor manufacturing companies.