Three Greatest Moments In Birth Defect Litigation History
Birth Defect Lawsuits
Parents want their children perfect, but that's sometimes not always possible. If this happens it is vital that parents in shock seek out the assistance of skilled birth defect lawyers.
Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.
Medical Malpractice
If a physician fails to adhere to the accepted standard of practice in their region, it's deemed medical malpractice. This might involve failing to perform routine prenatal testing or prescribing medication that increases the likelihood of a birth defect, or making a mistake during the labor and delivery.
Birth birth defects and birth injuries can be due to genetic and environmental causes, but sometimes they arise due to a doctor's negligence or malpractice. For example when a doctor is unable to identify the presence of a congenital defect in utero and fails to notify the parents of this condition, parents may make a claim for wrongful birth seeking compensation for the lifelong expenses incurred by the disabled child.
To win a medical negligence case in birth defects the plaintiff must demonstrate that the doctor was in breach of a duty of care to the patient, that he breached this duty, that his actions or lack of action directly caused damage and injuries, and that he or she suffered economic and noneconomic damage due to the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.
Prenatal visits are important to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect the way a child looks and behaves throughout life. Some are minor, but others can cause serious issues and can even be fatal.
Birth defects can result from genetic defects or a range of chemcial and environmental causes. Exposure to toxic chemicals, for instance, birth defect lawyer can cause serious complications in the newborn. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.
It is well-established in the scientific literature that certain toxins and chemicals can pass through the placenta and harm an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals may cause birth defects like the cleft palate, lips and spina bifida.
Many mothers are exposed an array of harmful chemicals when they are working. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the production of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription and over-the-counter drugs. Many drugs have not been properly tested on pregnant women and have led to birth defects.
Environmental Exposure
Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only cause. The presence of many different chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. These include fungicides, pesticides lead, heavy metals, some paints and various chemical substances. Exposure to these toxic substances is generally inevitable. However, when companies fail to protect pregnant workers they are negligent and can be held responsible.
Researchers aren't able to pin down exactly what causes the specific birth defect lawyer defect. It could be that a combination of factors can trigger the condition. The next step is to analyze these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from representative population and monitor them throughout their lives, as well as their children. This study will provide the most complete data to date about how various environmental factors influence fetal and child health.
Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it is often the case that these kinds of issues are unavoidable. Our birth defect lawyers recognize this and are committed to families seeking justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes can be cured. If your child was born with a medical issue that could have been prevented in the first place, you may be able to claim damages in an action for birth defects.
A New York birth defect lawyer can help you determine whether your child's condition was caused by chemical exposure, a medication or other environmental factor which is eligible for compensation. Based on the severity of your child's health condition your legal team will also be able to determine the total cost of associated medical bills that are eligible for compensation.
Although the vast majority are not due to medical negligence, there have been cases in which a doctor was negligent during or prior to labor and birth defect lawyer birth. A doctor could incorrectly prescribe a medicine that hurts the baby before it's born, or commit a mistake during surgery.
Our birth defect lawyers have successfully pursued cases against drug companies when a mother's medical healthcare provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her having a child born with a birth defect. We also have filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to toxic chemicals while at work.
