5 Laws Everybody In Birth Defect Litigation Should Know
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's not possible. If this happens it is crucial that stunned parents seek the assistance of experienced birth defect lawyers.
Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.
Medical Malpractice
When a doctor fails adhere to the accepted standards of practice in their area, it is considered medical malpractice. This might involve failing to conduct routine prenatal testing or prescribing medication that increases the risk of a birth defect or committing a lapse during labor and birth.
Birth birth defects and birth injuries can be the result of genetic and environmental causes, birth defect law firm but sometimes they arise due to a doctor's negligence or malpractice. For instance, if a physician is unable to identify an inborn disability and fails to notify parents of this disability, the parents can make a claim for wrongful birth seeking compensation for the lifetime expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases demands that the doctor has a responsibility to the patient of care, that the physician breached this duty, that the doctor's actions, birth Defect law firm or failure to act led directly to injuries and damages, and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages could include medical expenses, lost wages and emotional distress.
Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused your child's birth defects Contact a medical negligence and birth injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with a form of birth defect in the United States. These birth defects can vary in severity and affect how a child appears, behaves and performs in life. Some are minor, whereas others can cause serious issues and can even be fatal.
Birth problems can be caused by genetic abnormalities or a variety of chemcial or environmental factors. For example exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.
In the scientific literature, it is established that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals can cause birth defects such as cleft lips, palates and spina bifida.
While they are working, mothers are exposed a variety of toxic chemicals. These chemicals can be inhaled or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. Parents may also be exposed toxins when they are consuming certain over-the-counter and prescription drugs. This is due to the fact that a number of drugs are not adequately tested on pregnant women and have been shown to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most common causes of birth defects, environmental exposure can also play a role. Many different toxins and chemicals found in our homes, workplace and food can increase the risk of a birth defect. This includes fungicides, pesticides lead, heavy metals, some paints and many other chemical compounds. Exposure to these toxins is usually unavoidable. However, when employers do not take precautions to protect pregnant employees, they are negligent and can be held accountable.
Researchers are still unable to pinpoint the specific cause of a birth defect. It could be that an interaction between several factors can cause the problem, but the issue is evaluating the interactions in real-time. The National Children's Study is important because it is now underway in several states. The NCS will enroll 100,000 women from a variety of populations and follow them and their children over the long term. This study will provide most comprehensive information about how environmental factors impact the health of children and fetuses.
Many parents who have a birth defect in their child feel guilty believing that they are responsible for it. However, these issues are often unavoidable. Our birth defect lawyers know this and are dedicated to helping families seek 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, the majority of these causes can be prevented. If your child was born with a medical condition that could have been avoided, you may be entitled to claim damages in an action for birth defects.
A New York birth defect lawyer will be able to assist you determine if your child's illness was caused by chemical exposure, a medication or any other environmental cause that is eligible for compensation. Based on the severity of your child's condition, your legal team will also be able calculate the total cost of medical bills qualified for compensation.
While the majority of these cases are not the result of medical negligence, there have been cases in which a doctor was negligent during or before labor and birth. A doctor may prescribe a medication incorrectly that could harm a baby, even before the birth, 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 prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child with birth defects. We have also brought birth defect lawsuits against companies that expose workers to dangerous substances on the job in a paint factory or semiconductor manufacturing companies.
