10 Quick Tips About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect however sometimes it's not possible. If this happens, it's vital that parents who are shocked seek the assistance of a seasoned birth defect lawyers.
Birth defects and injuries can result from medical malpractice and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm can provide answers.
Medical Malpractice
When a doctor fails adhere to the accepted standards of practice in their area, it is considered medical malpractice. This could be due to failing to conduct prenatal testing or prescribing medications that increase the chance of birth defects or committing an error during labor and delivery.
Birth defects and birth injuries are often the result of genetic and environmental causes, but occasionally they arise due to a doctor's negligence or malpractice. If a physician fails to detect congenital problems in utero and fails to inform parents that their child is disabled, parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all costs associated with their disabled child.
A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the doctor breached this duty, that the doctor's actions, or failure to act directly led to injuries and damages and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical expenses, lost wages and emotional stress.
Prenatal visits are essential to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects are of various degrees and impact the way children behave, look and functions. Some are minor, while others can cause serious issues and may even cause death.
Birth problems can be caused by genetic anomalies or a range of environmental and chemcial factors. Exposure to toxic chemicals, for example can trigger serious complications in a newborn. Our company is committed to ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.
It is well-established in scientific research that certain toxins as well as chemicals can enter the placenta, affecting an unborn baby. These toxins are teratogenic. Teratogenic chemicals can cause birth defects like lip clefts, palates, and spina bifida.
While they are working, mothers are exposed a variety of toxic chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the production of semiconductors. These toxins can also be ingested by parents when they consume certain prescription or over-the-counter medications. This is because many pharmaceuticals are not adequately tested on pregnant women and have been found to cause birth defect law firms defects.
Environmental Exposure
While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors is also a major cause. Many different toxins and chemicals found in the home workplace, food and work environment could increase the chances of a birth defect. This includes fungicides and pesticides, lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is nearly always inevitable. But, when businesses fail to protect pregnant workers they're negligent and could be held accountable.
Researchers are still unable to pinpoint the specific cause of a birth defect. It is possible that a variety of factors can trigger the condition. The problem is to assess these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from a representative population and follow their progress over time and also their children. This study will provide the most comprehensive data to date about how a variety of environmental factors impact fetal as well as child health.
Many parents who suffer from a birth defect in their child feel guilt because they believe they are responsible for it. However, these birth defects are not always preventable. Our birth defect lawyers are aware of this and are dedicated in helping families who have children who have birth defects.
Product Liability
Many birth defects result from a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. However, many of these causes can be prevented. If your child was diagnosed with a medical condition that could have been prevented, you may be able to recover damages in lawsuits for birth defect law firm defects.
A New York birth defect attorney can assist you to determine if your child's condition is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical expenses associated with your child's condition in relation to the severity.
Although the majority of birth defects aren't caused due to medical negligence, there are cases when a healthcare professional has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medication that injures a baby before it is born, or make a mistake during surgery.
Our birth defect lawyers have successfully brought lawsuits against drug companies where 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 a birth defect. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers to harmful chemicals at work.