A Look At The Ugly Reality About Birth Defect Litigation

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Parents want their children to be perfect, but in some cases that's impossible. When that happens it is imperative that stunned parents seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice is when a doctor violates the accepted standard of medical care in their area of expertise. This might involve failing to conduct routine prenatal testing and prescribing a medication that increases the risk of a birth defect, or making a mistake during labor and delivery.

Birth birth defects and birth injuries are usually due to genetic and environmental causes, but occasionally they arise due to a doctor's negligence or malpractice. If a doctor fails detect congenital disabilities during pregnancy, and then fails not to inform parents of the problem they may be in a position to file a lawsuit for compensation due to a birth defect for all costs related to their child's disability.

A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the doctor breached this duty, that the doctor's actions or inability to act directly led to injuries and damages and that the victim was harmed economically and non-economically as a result of the injuries. These damages could include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to adhere to their doctor's advice regarding prenatal appointments. If you believe that the birth defect of your child is the result of medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can range in severity and impact the how a child appears and behaves in life. Some are minor while others can cause serious issues and even be fatal.

The reasons for a child's birth defects could be due to genetic defects or a range of chemical and environmental factors. For instance exposure to toxic chemicals can cause serious health issues for newborns. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

In scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect an unborn child. These toxins are teratogenic. The exposure to these chemicals can cause birth defects such as the cleft palate and lips, spina bifida and muscular dystrophy.

Many mothers are exposed to many harmful chemicals when they are working. They can be ingested or inhaled, or absorbed by the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) used in the manufacture of semiconductors. These chemicals can also be consumed by parents while they are taking certain over-the counter and prescription drugs. A lot of pharmaceuticals haven't been tested properly on pregnant women and have caused birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of a variety of chemicals and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides, lead, heavy metals, certain paints, and various chemical substances. Exposure to toxic substances is nearly always inevitable. However, when companies do not take precautions to protect pregnant employees they're negligent and may be held responsible.

Researchers aren't able to determine exactly what causes a particular birth defect. It is possible that a combination with multiple factors could trigger the condition, but the problem is evaluating the effects of these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enrol 100,000 women from representative populations and will follow them and their children over the long run. This study will provide the most comprehensive data to date about how different environmental factors impact fetal as well as child health.

Many parents who are 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 issues are unavoidable. Our birth defect attorneys understand this and are committed to helping families who have children with birth defects.

Product Liability

Birth defects can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, many of these issues can be prevented. If your child was born with a medical issue that could have been avoided, you may be entitled to claim damages through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if the condition of your child is due to an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical expenses related to your child's condition in relation to the severity.

Although the vast majority of birth injuries are not due to medical negligence however, there have been instances where a doctor was negligent during or prior to labor and delivery. A doctor may prescribe a medication that harms an infant before it is born, or they may make a mistake during surgery.

Our birth defect attorneys have successfully defended cases where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chance that she will give birth to a child suffering from birth defects. We also brought birth defect lawsuits against companies who expose workers to hazardous substances in the workplace in a paint factory or semiconductor manufacturing company.