Birth Defect Litigation: The Good The Bad And The Ugly
Birth Defect Lawsuits
Parents want their children to be perfect however, sometimes that's not always possible. If this happens, it's vital parents who are shocked seek out the help of experienced birth defects lawyers.
Birth problems and injuries can be caused by medical negligence and drugs that are harmful as well as exposure to environmental hazards. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standard of practice in their field, it's considered medical malpractice. This could be due to failing to conduct prenatal testing or prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.
Birth birth defects and birth injuries can be caused by genetic and environmental factors, but sometimes they arise due to medical negligence or malpractice. If a doctor fails detect congenital disabilities in utero, and then fails not to inform parents of the problem, the parents may be eligible to file a claim for wrongful birth seeking compensation for all expenses that are associated with their disabled child.
In order to prevail in a medical negligence case in birth defects, the plaintiff must prove that the doctor owed a breach of duty to the patient, and that he violated that duty, that his actions or inaction action directly caused damages and injuries and that he suffered economic and noneconomic damages due to the injuries. These damages could include medical bills or lost wages, as well emotional distress.
Certain birth injuries and defects are preventable through timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' advice about prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with a type of birth defect in the United States. These birth defects can be of various severity and affect the way that children behave, look and performs. Some are minor while others can cause serious issues and even lead to death.
The reasons for a child's birth defects can be attributed to genetic disorders or a range of environmental and chemical factors. Exposure to harmful chemicals, for instance causes serious complications in a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or medications.
It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta and harm an unborn baby. These toxins are teratogenic. These teratogenic chemicals may cause birth defects, such as the cleft palate, lips and spina Bifida.
While they are working, mothers are exposed a variety of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) employed in the production of semiconductors. Parents can also be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. Many pharmaceuticals have not been adequately tested on pregnant women and have resulted in birth defects.
Environmental Exposure
Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's not the only reason. The presence of a variety of chemical compounds and toxins in the home, at work and in food can increase the risk of birth defects. These include fungicides, pesticides and lead, as well as heavy metals, certain paints and many other chemical substances. Exposure to these toxins is often inevitable. However, if companies fail to safeguard pregnant employees, they're negligent and could be held accountable.
Researchers are still trying to find the precise cause of a birth defect. It is possible that a combination between multiple factors may cause the condition, but the problem is evaluating the effects of these interactions in real time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from representative populations and follow them and their children over the long run. This study will provide the most comprehensive data to date about how various environmental factors affect fetal and child health.
Many parents who suffer from a birth defect in their child feel guilt believing that they are responsible for it. But, these problems are usually inevitable. Our birth defect attorneys are aware of this and are committed to helping families who have children with 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, many of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to claim damages in lawsuits for birth defects.
A New York birth defect lawyer can assist you determine whether your child's illness is caused by an exposure to chemicals, medication or other environmental trigger that is eligible for compensation. Depending on the severity of your child's condition your legal counsel will also be able to calculate the full cost of the medical bills that are admissible for compensation.
While the vast majority of birth defects aren't caused due to medical negligence, there are occasions where a doctor or healthcare professional has been negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication which harms the baby before it's born, or they may commit a mistake during surgery.
Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in which 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 defect. We have also brought birth defect lawsuits against semiconductor and paint factories that expose their workers to toxic chemicals while at work.