20 Myths About Birth Defect Litigation: Busted
Birth Defect Lawsuits
Parents want their children to be perfect, but that's sometimes not always possible. If this happens it is crucial that stunned parents seek the help of experienced birth defect lawyers.
Birth defects and injuries can be caused by medical malpractice, drugs that are dangerous or exposure to environmental toxins. A New York birth defect lawyer defect law firm can assist you in getting answers.
Medical Malpractice
If a doctor does not adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. This could be due to failing to conduct prenatal testing or prescribing drugs which increase the chance of birth defects, or making an error during labor and birth defect attorney delivery.
Birth defects and birth injuries are usually the result of environmental and genetic factors, however, they could also be a result of the negligence of a physician. If a doctor fails to detect congenital problems in utero, and then fails not to inform the parents they may be legally able to file a case for wrongful birth seeking compensation for all expenses associated with their disabled child.
In order to prevail in a medical malpractice case in birth defects the plaintiff must demonstrate that the doctor owed a duty of care to the patient, that he failed to fulfill the duty, that his actions or lack of action directly caused damage and injuries, and that the plaintiff was a victim of economic and non-economic damages as a result of the injuries. These damages could include costs of medical bills, lost wages, pain and suffering, and emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the required tests and monitoring. If you believe that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect in the United States. These birth defects may be of different severity and affect the way that a child acts, looks and functions. Some are minor, while others can cause serious problems and even lead to death.
The causes of birth defects may be due to genetic abnormalities or a variety of environmental and chemical factors. Exposure to harmful chemicals, for instance could cause serious problems in the infant. Our firm is committed in holding employers accountable when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.
In the scientific literature, it has been established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals can cause birth defects such as the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed to a wide variety of toxic chemicals while working. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE), which are used in the production of semiconductors. Parents may also be exposed to these poisons when they consume certain prescription and over-the-counter drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
While genetic disorders are among the most common causes of birth defects, exposure to environmental factors is also a major factor. A variety of toxins and chemicals found in our homes or workplace can increase the likelihood of having a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints, and various chemical substances. Exposure to these toxic substances is often inevitable. However, if companies fail to protect pregnant workers, they are negligent and can be held responsible.
Researchers aren't able to determine exactly what causes a specific birth defect. It is possible that a combination between several factors can cause the condition, but the challenge is evaluating the effects of these interactions in real time. The National Children's Study is important since it is currently in process in a number of states. The NCS will enroll 100 women from the representative population and monitor them and their children for the long run. This study will provide the most comprehensive data to date on how a variety of environmental factors impact fetal and child health.
Many parents suffering from a birth defect in their child are resentful that they have contributed to the condition, however it is the norm that these types of defects are a given. Our birth defect lawyers understand this and are dedicated to families seeking justice for children who suffer from birth defects.
Product Liability
Birth problems can be caused by many causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue which could have been prevented in the first place, you may be able to compensation through an action for birth defects.
A New York birth defect attorney can assist you to determine if your child's illness is due to an illness, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's illness the legal team will also be able to calculate the total cost of associated medical expenses that are suitable for compensation.
Although the vast majority are not caused due to medical negligence there are instances in which a doctor was negligent during or prior to labor and delivery. A doctor could incorrectly prescribe a medicine that hurts a baby before it is born, or make an error during surgery.
Our birth defect attorneys have successfully litigated claims in which a mother’s health medical professional was exposed to toxic chemicals or prescription drugs which increased the chances that she could give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies that expose their workers to dangerous substances on the job for example, a paint factory or semiconductor manufacturing companies.
