20 Myths About Birth Defect Litigation: Dispelled
Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it's not always possible. When that becomes a reality it is vital for parents to seek the help of seasoned 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 assist.
Medical Malpractice
Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to conduct routine prenatal tests or prescribing medications that increase the likelihood of birth defect, or making a mistake during the birth and delivery.
Birth defects and birth injuries are often due to genetic and environmental causes, but sometimes they are the result of an error or negligence of a physician. If a doctor fails to detect congenital disabilities during pregnancy and fails to inform parents of the problem of the condition, parents might be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all expenses for their child's disabilities.
In order to prevail in a medical malpractice claim in birth defect cases, the plaintiff must prove that the doctor owed a duty of care to the patient, and that he violated the duty, that his actions or inaction action directly resulted in damages and injuries and that he or she was a victim of economic and non-economic damages due to the injuries. These damages might include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the proper testing and monitoring. If you believe that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born every year with birth defects. These defects can vary in severity and impact how a child appears and behaves throughout life. Some are minor and others can lead to serious issues that could be fatal.
Birth defects can be caused by genetic defects or a range of chemcial and environmental causes. For example, exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or medications.
It is well-established in scientific studies that certain toxicants and chemicals can enter the placenta and affect the unborn baby. These toxins are called teratogenic. Exposure to these chemicals can cause birth defects, such as Cleft lips and palates, spina bifida and muscular dystrophy.
Many mothers are exposed to many harmful chemicals when they are working. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. These contaminants can also be ingested by parents who take certain prescription or over-the-counter medications. Many pharmaceuticals have not been adequately tested on pregnant women and may cause birth defects.
Environmental Exposure
While genetic disorders are among the most common causes of birth defects, environmental exposure is also a major factor. Many different chemicals and toxins found in the home as well as in food items can increase the risk of a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant workers, they're negligent and could be held responsible.
Researchers are still unable pin down exactly what causes the birth defect in a specific way. It is possible that a variety of factors can trigger the condition. The next step is to assess the effects of these factors in real-time. The National Children's Study is important since it is currently in process in a variety of states. The NCS will enrol 100,000 women from diverse populations and will follow them and their children over the long run. This study will provide the most comprehensive information about 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 caused it. However, these birth defects are not always preventable. Our birth defect lawyers know this and are committed to families seeking justice for children suffering from birth defects.
Product Liability
Many birth defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes can be prevented. If your child was diagnosed with a medical condition that could have been prevented, you may be able to get compensation in lawsuits for birth defects.
A New York birth defect attorney will be able help you determine if your child's illness is due to the use of a medicine, chemical or environmental exposure that qualifies 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 medical bills that are admissible for compensation.
While the majority of these cases are not due to medical negligence, there have been cases where a doctor has been negligent during or before labor and birth defect attorney birth. A doctor may prescribe a medication incorrectly that harms a baby even before the birth, or make an error in surgery.
Our birth defect lawyers have successfully pursued cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child developing birth defect. We have also filed birth defect lawsuits against semiconductor and paint factories which expose their employees to hazardous substances when they work.
