What Is Birth Defect Litigation Heck What Exactly Is Birth Defect Litigation
Birth Defect Lawsuits
Parents wish their children to be perfect, but in some cases that's impossible. If this happens, it's crucial that parents who are stunned seek the assistance of a seasoned birth defect lawyers.
Medical malpractice, birth defect lawsuits dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.
Medical Malpractice
Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her field. This could include not performing prenatal tests and prescribing medicines that increase the likelihood of birth defects or committing an error during labor and delivery.
Birth defects and birth injuries are usually caused by environmental and genetic factors, however, they could also be the result of the negligence of a physician. For instance the case where a doctor fails to recognize an inborn disability and fails to notify parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifelong costs associated with the disabled child.
A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the physician breached this duty, that the doctor's actions, or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic damages due to his or her injuries. These damages could include medical bills and lost wages, as well as emotional stress.
Prenatal visits are essential to ensure that pregnant women receive the required testing and monitoring. If you suspect that your child's birth defect is due to medical malpractice, contact an experienced 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 range in severity and affect the way a child looks, acts and functions in life. Some are minor and others can cause serious issues that could be fatal.
The causes of a child's birth defects could be due to genetic defects or a variety of environmental and chemical factors. For instance, exposure to toxic chemicals can cause serious health issues for newborns. Our firm is committed in making employers accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.
It is well-established in scientific literature that certain toxins and chemicals can enter the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals could cause birth defects such as lip clefts, palates, and spina Bifida.
While they are working, mothers are exposed to a variety of harmful chemicals. They can be inhaled or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the manufacturing of semiconductors. These toxins can also be ingested by parents while they are taking certain over-the counter and prescription drugs. Many drugs have not been adequately tested on pregnant women and may cause birth defects.
Environmental Exposure
Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's far from the only one. A variety of toxins and chemicals that are found in the home workplace, food and work environment can increase the chance of a birth defect. This includes fungicides, pesticides lead, heavy metals, certain paints, and various chemical compounds. Exposure to these toxic substances is often inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers are still trying to find the exact cause of a birth defect. It is possible that an interaction between several factors can cause the condition, but the difficulty is evaluating these interactions in real-time. The National Children's Study is important because it is currently underway in several states. The NCS will enroll 100,000 women from a representative population and monitor their progress over time and their children. This study will provide most complete information on the effects of environmental factors on the health of children and fetuses.
Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the problem, but it's usually the case that these kinds of issues are a given. Our birth defect lawyers are aware of this and are committed to helping families with children who have birth defects.
Product Liability
Birth defects can be caused by a variety factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was born with a medical issue which could have been prevented in the first place, you may be able to claim damages through a birth defect lawsuit.
A New York birth defect attorney will be able to help you determine if your child's illness is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical bills that are related to your child's illness depending on the severity.
Although the vast majority are not the result of medical negligence, there have been cases in which a doctor was negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medication that injures an infant before it is born, or they may commit a mistake during surgery.
Our birth defect lawyers have successfully prosecuted cases against drug companies where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her child developing birth defect. We have also brought birth defect lawsuits against companies that expose employees to hazardous substances on the job for example, a paint factory or semiconductor manufacturing companies.
