What s The Most Important "Myths" Concerning Birth Defect Litigation Could Be True
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's not feasible. If that happens, it is essential that stunned parents 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 defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice is when a doctor does not adhere to the accepted standards of medical care in their area of expertise. It could be a failure to perform routine prenatal testing or prescribing medications that increase the risk of a birth defect or committing a lapse during labor and birth.
Birth defects and birth injury are often caused by genetic and environmental factors, however, they could also be the result of a doctor's negligence. For instance when a doctor is unable to identify an inborn disability and then fails to notify parents of this disability, the parents may bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases demands that the doctor owed the patient a duty of care, that the doctor violated this duty, the doctor's actions or inability to act led directly to injuries and damages, and that the victim suffered economic and non-economic losses due to his or her injuries. These damages might include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer as soon as you can.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These defects can be of various severity and impact the way children behave, appear and performs. Some are minor, but others can cause serious issues that could be fatal.
Birth defects can result from genetic disorders or a variety of chemcial and environmental causes. For example, exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed to holding employers accountable for birth defect law firm exposing pregnant women and their unborn children to harmful substances or drugs.
In the scientific literature, it is established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These chemicals are teratogenic. Teratogenic chemicals can cause birth defects, such as lips, palates, and clefts as well as spina Bifida.
While working, mothers are exposed a variety of harmful chemicals. They can be ingested or inhaled through the skin of the body. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription and over-the-counter drugs. Many pharmaceuticals have not been tested properly on pregnant woman and have resulted in birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors is also a major factor. The presence of a variety of chemicals and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides and pesticides and lead, as well as heavy metals, some paints and many other chemical substances. Exposure to these toxins is almost always inevitable. However, when employers fail to protect pregnant employees, they're negligent and may be held accountable.
Researchers are still trying to determine the exact cause of a birth defect. It is possible that a combination with multiple factors could trigger the condition, but the problem is assessing the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from a representative population and follow them throughout their lives as well as their children. This study will provide the most complete data available on how different environmental factors impact fetal as well as child health.
Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the disorder, but it's usually the case that these kinds of defects are not a choice. Our birth defect lawyers are aware of this and are dedicated in helping families who have children with 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, most of these causes are preventable. If your child was born with a medical issue that could have been prevented, you may be entitled to recover damages through a birth defect lawsuit.
A New York birth defect attorney can assist you to determine if your child's illness is caused by a medication, chemical or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical expenses that are related to your child's illness based on the severity.
Although the majority of birth defects aren't caused by medical negligence, there are instances when a healthcare worker was negligent before or during labor and birth. A doctor could prescribe a medication in a way that harms a baby even before birth, or make an error in surgery.
Our birth defect lawyers have successfully defended cases against drug companies when a mother's medical healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child with a birth defect. We have also filed birth defect lawsuits against companies that expose employees to hazardous substances on the job for example, a paint factory or semiconductor manufacturing company.
