Birth Defect Litigation: The Good The Bad And The Ugly
Birth Defect Lawsuits
Parents would like their children to be perfect, but at times that's not feasible. If that happens, it is essential that parents who are in shock seek the help of experienced birth defect lawyers.
Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you get answers.
Medical Malpractice
Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to conduct routine prenatal tests, prescribing medication that increases the likelihood of birth defect, or making a mistake during the birth and delivery.
Birth defects and birth injuries are usually caused by genetic and environmental causes, but sometimes they are the result of the negligence or malpractice of a doctor. If a physician fails to detect congenital disabilities during pregnancy and fails to notify parents that their child is disabled, parents may be legally able to file a case for compensation in the event of a wrongful birth. for all expenses for their child's disabilities.
A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty of care, that the physician breached this duty, that the doctor's actions or failure to act led directly to injuries and damages, and that the victim was harmed economically and non-economically due to his or her injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the required testing and monitoring. If you believe that the birth defect of your child is due to medical malpractice, contact 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 birth defects can vary in severity and impact how a child appears and behaves in life. Some are minor, but others can lead to serious issues that could be fatal.
The reasons for a child's birth defects could be due to genetic disorders or a range of chemical and environmental factors. Exposure to harmful chemicals, for example could cause serious problems in the newborn. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful drugs or substances.
It is well-established in scientific research that certain toxins as well as chemicals can cross the placenta and harm an unborn baby. These chemicals are referred to as teratogenic. Exposure to these chemicals can cause birth defects such as cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed to an array of harmful chemicals when they are at work. These chemicals can be inhaled, 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. Parents may also be exposed toxic substances when they consume certain prescription or over-the-counter medications. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of numerous chemicals and toxins at the home, at work and in food can increase the risk of developing birth defects. These include pesticides, fungicides, lead, heavy metals, certain paints and various chemical substances. Exposure to toxic substances is nearly always inevitable. But, when businesses do not take precautions to protect pregnant employees, they are negligent and can be held accountable.
Researchers are still trying to determine the specific cause of a birth defect. It is possible that an interaction between multiple factors may cause the condition, but the challenge is assessing the interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enrol 100,000 women from a variety of populations and follow them and their children for the long-term. This study will provide most comprehensive information about the effects of environmental factors on the health of infants and children.
Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the condition, however it's often the case that these kinds of defects are a given. Our birth defect attorneys understand this and are dedicated in helping families with children who have birth defects.
Product Liability
Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. However, many of these causes are preventable. If your child was born with a medical issue which could have been prevented or prevented, you could be entitled to compensation through an action for birth defect attorney defects.
A New York birth defect law firms defect lawyer can assist you determine if your child's condition is the result of chemical exposure, a medication or other environmental factor that is eligible for compensation. Based on the severity of your child's health condition the legal team will also be able calculate the total cost of medical bills that are admissible for compensation.
Although the vast majority of birth injuries are not the result of medical negligence, there have been cases where a doctor was negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication that harms a baby before it is born, or they may make a mistake during surgery.
Our birth defect attorneys have successfully pursued allegations that a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she could give birth to a baby with birth defects. We have also brought birth defect lawsuits against semiconductor and paint factories who expose their workers to harmful chemicals when they work.