10 Quick Tips About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect but sometimes it's not possible. When this happens, it's vital that parents who are shocked seek the assistance of a seasoned birth defect lawyers.
birth defect law firms defects and injuries can be caused by medical malpractice and drugs that are harmful, and environmental exposure. A New York birth defect law firm can help you find answers.
Medical Malpractice
If a physician fails to adhere to the accepted standard of practice in his or her field, it's considered medical malpractice. This could mean failing to conduct prenatal testing, prescribing medications that increase the chance of birth defects or committing an error during labor and birth.
Birth defects and birth injuries are usually the result of genetic and environmental factors, but sometimes they occur due to an error or negligence of a physician. For example when a doctor fails to detect a congenital disorder in the uterus and then fails to notify parents of this impairment, parents can make a claim for wrongful birth seeking compensation for all the lifetime expenses associated with the handicapped child.
In order to prevail in a medical malpractice case in birth defects the plaintiff must show that the doctor owed a duty of duty to the patient, and that he did not fulfill the duty, that his actions or inaction action directly led to damages and injuries and that the patient was a victim of economic and non-economic damages due to the injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. It's crucial for pregnant women to adhere to their doctor's advice regarding their prenatal visits. If you believe that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year, thousands of children are born with a kind of birth defect in the United States. These defects are of various degrees and impact the way the child behaves, looks and functions. Some are minor, but others can lead to serious problems that may be fatal.
Birth problems can be caused by genetic abnormalities or a variety of chemcial and environmental factors. Exposure to harmful chemicals, for instance causes serious complications in the newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or drugs.
It is well-established in the scientific research that certain toxins and chemicals can pass through the placenta, affecting the unborn baby. These toxins are known as teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed an array of toxic chemicals when they are at work. These chemicals can be consumed or inhaled through the body's skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents may also be exposed to these toxins when they are consuming certain prescription or over-the-counter medications. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been shown to cause 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 one. Numerous different chemicals and toxins that are present in the home, workplace and food can increase the chance of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is almost always inevitable. However, if companies fail to safeguard pregnant employees, they are negligent and can be held accountable.
Researchers are still unable pinpoint exactly what causes the birth defect in a specific way. It is possible that a combination 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 enrol 100 women from the representative population and follow them and their children for the course of time. This study will provide the most comprehensive information about the effects of environmental factors on the health of children and fetuses.
Many parents who suffer from a birth defect in their child feel guilt believing that they contributed to it. However, these defects are usually unavoidable. Our birth defect lawyers recognize 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 causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition which could have been avoided, you may be able to recover damages in an action for birth defects.
A New York birth defect attorney can assist you to determine if your child's condition is due to a medication, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills that are related to your child's illness based on the severity.
Although the vast majority are not the result of medical negligence, there have been cases where a doctor was negligent during or before labor and delivery. A doctor might prescribe a medication that could harm a baby, even before birth, or even make an error during surgery.
Our birth defect lawyers have successfully prosecuted cases against drug companies in cases where a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child being born with birth defects. We also brought birth defect lawsuits against companies that expose employees to hazardous substances while working for example, a paint factory or birth defect lawsuits semiconductor manufacturing companies.
