4 Dirty Little Secrets About The Birth Defect Litigation Industry
Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes that's impossible. When that happens it is vital for parents to seek out the assistance of skilled birth defect lawyers.
Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standard of practice in their region, it's deemed medical malpractice. This could mean failing to perform prenatal screening or prescribing drugs that increase the chance of birth defects or making a mistake during labor or delivery.
Birth defects and birth injuries are usually caused by genetic or environmental factors, but sometimes they occur due to an error or negligence of a physician. If a doctor fails to detect congenital problems in utero, and then fails not to inform parents of the condition, parents might be able to file a claim for compensation due to a birth defect for all the expenses 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 did not fulfill this duty, that the doctor's actions, or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic damages as a result of the injuries. These damages may include costs of medical bills, lost wages, pain and suffering, and emotional distress.
Some birth injuries and defects can be prevented with timely testing and monitoring during pregnancy. Therefore, it's vital for pregnant women follow their doctors' advice regarding prenatal appointments. If you believe that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year thousands of children are born with some form of birth defect in the United States. These birth defects are of various degrees and affect the way that children behave, look and functions. Some are minor, whereas others can cause serious problems and even lead to death.
The causes of birth defects can be attributed to genetic disorders or a variety of environmental and chemical factors. Exposure to toxic chemicals, for instance causes serious complications in the newborn. Our firm is committed in bringing employers to account when they expose pregnant women or their unborn children to harmful chemicals or medications.
It is well-established in the scientific research that certain toxins as well as chemicals can pass through the placenta, affecting an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as Cleft lips and palates, spina bifida and muscular dystrophy.
While working, mothers are exposed of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) that are used in the production of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription and over-the-counter drugs. Many medications have not been adequately tested on pregnant women and may cause birth defects.
Environmental Exposure
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only one. The presence of various chemical compounds and toxins in the workplace, at home and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers are still trying to find the precise cause of a birth defect. It is possible that a mix of factors may cause the condition. The next step is to evaluate the interactions in real-time. The National Children's Study is important since it is currently in process across several states. The NCS will enroll 100,000 women from a variety of populations and monitor them and their children over the course of time. This study will provide most complete information on how environmental factors impact the health of children and fetuses.
Many parents who suffer from a birth defect in their child are resentful believing that they are responsible for it. However, these defects are usually unavoidable. Our birth defect attorneys understand this and are committed to helping families who have 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 genetic. Fortunately, the majority of these causes can be cured. If your child was diagnosed with a medical condition which could have been avoided it is possible to seek compensation through lawsuits for birth defect Lawsuits birth defects.
A New York birth defect lawyer will be able to assist you determine if your child's illness was caused by an exposure to chemicals, medication or other environmental factor that is a reason to seek compensation. Your legal team can estimate the total cost of medical expenses for your child's condition according to the severity.
While the majority of these cases are not due to medical negligence, there have been cases where doctors have been negligent during or before labor and birth. A doctor may prescribe a medication in a way that could harm a baby, even before birth, or even make an error in surgery.
Our birth defect lawyers have successfully defended claims where a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the risk that she could give birth to a baby with birth defects. We have also brought birth defect lawsuits against companies that expose employees to dangerous chemicals in the workplace like a paint factory or semiconductor manufacturing companies.