10 Quick Tips On Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect, but that's sometimes not possible. When that happens it is vital that parents in shock seek the help of seasoned birth defect lawyers.
Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.
Medical Malpractice
Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their field. This could mean 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 birth.
Birth defects and birth injuries are usually caused by environmental and genetic factors, however, they can also be a result of the negligence of a physician. For example in the event that a physician does not recognize a congenital disability in utero 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.
In order to prevail in a medical negligence case in birth defect lawsuit defect cases, the plaintiff must prove that the doctor owed a breach of care to the patient, that he failed to fulfill the duty, and that his actions or inaction action directly caused damage and injuries, and that the plaintiff suffered economic and noneconomic damages from the injuries. These damages could include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are important to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury lawyer right away.
Toxic Chemicals
Every year thousands of children are born with a form of birth defect in the United States. These defects vary in severity and affect way a child looks and behaves throughout life. Some are minor and others can cause serious issues that could be fatal.
Birth defects can be caused by genetic anomalies or a range of chemcial and environmental factors. Exposure to toxic chemicals, for instance could cause serious problems in babies. Our firm is committed to holding employers accountable for exposure of pregnant women and their newborn babies to harmful substances or drugs.
It is well-established in the scientific research that certain toxins as well as chemicals can cross the placenta and affect an unborn baby. These toxins are referred to as teratogenic. The exposure to these chemicals can cause birth defects, such as the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed a wide variety of toxic chemicals when they are working. They can be ingested or inhaled, or absorbed by the skin. These chemicals comprise industrial solvents such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. These contaminants can also be ingested by parents who take certain prescription and over-the-counter drugs. Many drugs have not been thoroughly tested on pregnant woman and have resulted in birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's not the only one. Many different toxins and chemicals found in our homes workplace, food and work environment could increase the chances of having a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, if companies fail to protect pregnant workers, they're negligent and may be held responsible.
Researchers are still unable pinpoint exactly what causes a particular birth defect. It is possible that a combination of factors may cause the condition. The challenge is to evaluate the effects of these factors in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enrol 100,000 women from a variety of populations as well as follow them and their children over the long term. This study will provide comprehensive information about how environmental factors affect the health of a child's fetus and.
Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the condition, but it is often the case that these kinds of problems are inevitable. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by a variety causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, a lot of these causes are preventable. If your child was diagnosed with a medical issue which could have been avoided, you may be able to get compensation in a lawsuit involving birth defects.
A New York birth defect lawyer can help you determine if your child's illness was caused by a medication, chemical exposure or other environmental trigger which is eligible for compensation. Based on the severity of your child's illness your legal team will also be able to calculate the full cost of the associated medical expenses that are qualified for compensation.
Although the majority of birth defect attorneys defects aren't caused by medical negligence, there are occasions when a healthcare professional has been negligent before or during labor and birth. A doctor may prescribe a medication incorrectly that harms a baby even before birth, or make an error during surgery.
Our birth defect lawyers have successfully pursued lawsuits against drug makers in which a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child being born with a birth defect. We have also filed birth defect lawsuits against companies that expose employees to hazardous substances while working for example, a paint factory or semiconductor manufacturing company.