Why No One Cares About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it's impossible. When this happens, it's important that parents who are shocked seek out the help of experienced birth defect lawyers.
Birth injuries and birth defects could be caused by medical negligence and drugs that are harmful as well as exposure to environmental hazards. A New York birth defects law firm can assist.
Medical Malpractice
If a doctor does not follow the accepted standard of practice in their area, it is considered medical malpractice. This could include failing to conduct routine prenatal tests and prescribing a medication that increases the risk of a birth defect or making a misstep during the labor and delivery.
Birth defects and birth injuries can be caused by genetic and environmental factors, but sometimes they are the result of an error or negligence of a physician. For instance, if a physician does not recognize an inborn disability and fails to inform parents of the disability, the parents can make a claim for wrongful birth seeking compensation for the ongoing expenses incurred by the disabled child.
A successful medical malpractice claim in birth defect cases requires that the physician was obligated to the patient to perform a duty of care, that the physician breached this duty, that the doctor's negligence or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages could include the costs of medical bills lost wages, pain and suffering, and emotional distress.
Some birth injuries and defects are preventable by prompt testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' recommendations about prenatal visits. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer as soon as you can.
Toxic Chemicals
Every year, thousands of children are born with a type of birth defect in the United States. These defects are of various degrees and affect the way that the child behaves, looks and functions. Some are minor while others can cause serious issues and even lead to death.
Birth birth defects can be caused by genetic abnormalities or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for instance can trigger serious complications in babies. 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 research, it is known that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals can cause birth defects such as cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed a wide variety of toxic chemicals when they are working. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) that are used in the fabrication of semiconductors. Parents may also be exposed chemicals when they consume certain over-the-counter and prescription drugs. Many medications have not been properly tested on pregnant women and have resulted in 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 chemicals and toxins at the home, at work and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides and lead, as well as heavy metals, certain paints, and other chemical substances. Exposure to these toxins is almost always inevitable. But, when businesses fail to protect pregnant employees, they're negligent and may be held responsible.
Researchers are still trying to find the specific cause of a birth defect. It could be that an interaction between multiple factors may cause the condition, but the challenge is evaluating 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 population and follow them over time as well as their children. This study will provide most comprehensive data on how environmental factors affect the health of a child's fetus and.
Many parents who suffer from a birth defect in their child feel guilty and believe that they caused it. However, these issues are often unavoidable. Our birth defect attorneys understand this and are committed to helping families with children who have birth defects.
Product Liability
Birth defects can be caused by a variety causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, many of these issues can be prevented. If your child was diagnosed with a medical condition which could have been avoided and prevented, you could be able to claim damages in a lawsuit for birth defects.
A New York birth defect attorney will be able help you determine if your child's illness is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical expenses related to your child's condition depending on the severity.
While the majority of cases are not due to medical negligence there are instances where doctors have been negligent prior to or during labor and birth. A doctor may prescribe a medication that could harm a baby, even before birth, or may make an error in surgery.
Our birth defect lawyers have successfully defended claims against drug manufacturers in which a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her having a child with birth defect. We have also filed birth defect lawsuits against companies that expose workers to hazardous substances on the job like a paint factory or semiconductor manufacturing company.