25 Surprising Facts About Birth Defect Litigation
Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes that's not feasible. If this happens, it is essential that stunned parents seek out the assistance of skilled birth defect lawyers.
Birth defects and injuries can result from medical malpractice and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
If a physician fails to adhere to the accepted standards of practice in his or her area, birth defect law firm it is deemed medical malpractice. This could mean not performing prenatal tests and prescribing medicines that increase the chance of birth defects or making a mistake during labor and delivery.
Birth defects and birth injuries are usually caused by genetic and environmental factors, however, they could also be a result of the negligence of a doctor. For example when a doctor fails to detect the presence of a congenital defect in utero and then fails to notify the parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong costs associated with the disabled child.
In order to win a medical negligence case in birth defect cases the plaintiff has to prove that the doctor owed a duty of duty to the patient, that he failed to fulfill this duty, that his actions or inaction action directly led to damages and injuries and that he or she suffered economic and non-economic losses as a result of the injuries. These damages might include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy, which is why it's essential for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect in the United States. These birth defects can vary in severity and impact how a child appears, behaves and performs in life. Some are minor and others can lead to serious problems that may be fatal.
The reasons for a child's birth defects may be due to genetic abnormalities or a variety of chemical and environmental factors. For instance exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful drugs or substances.
In the scientific research, it is known that certain chemicals and toxins may traverse the placenta to 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 and muscular dystrophy.
Many mothers are exposed to an array of toxic chemicals while they are working. These chemicals can be consumed or inhaled through the skin of the body. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) used in the production of semiconductors. Parents can also be exposed chemicals when they consume certain prescription or over-the-counter medications. This is due to the fact that many drugs 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 frequently cited causes of birth defects, exposure to environmental factors is also a major cause. A variety of toxins and chemicals that are present in the home or workplace can increase the risk of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is usually unavoidable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers are unable to determine exactly what causes the specific birth defect. It could be that an interaction between multiple factors may cause the condition, but the problem is evaluating 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 enroll 100,000 women from representative population and track them over time as well as their children. This study will provide the most complete information on how environmental factors impact the health of children and fetuses.
Many parents who are suffering from a child's birth defect feel guilty that they somehow 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 dedicated in helping families who have children with birth defects.
Product Liability
Birth problems can be caused by many causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was diagnosed with a medical issue that could have been prevented or prevented, you might be able to get compensation in lawsuits for birth defects.
A New York birth defect lawyer will be able to assist you determine if your child's illness is caused by a medication, chemical exposure or other environmental factor which is eligible for compensation. Your legal team will calculate the total cost of medical expenses that are related to your child's illness according to the severity.
Although the vast majority of birth injuries are not caused due to medical negligence there are instances in which a doctor was negligent prior to or during labor and birth. A doctor may prescribe a medication that could harm a baby, even before the birth, or make an error during surgery.
Our birth defect lawyers have successfully brought lawsuits against drug makers when a mother's medical healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her having a child with a birth defect. We also brought birth defect lawsuits against companies that expose workers to dangerous substances at work for example, a paint factory or semiconductor manufacturing company.
