5 Laws Anyone Working In Birth Defect Litigation Should Know
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes that's not feasible. If that happens, it is essential that parents in shock seek the assistance of experienced birth defect lawyers.
Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you get answers.
Medical Malpractice
When a doctor fails adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This could mean failing to conduct routine prenatal testing or prescribing medications that increase the likelihood of birth defect or committing a lapse during the labor and delivery.
Birth defects and birth injury are often caused by genetic and environmental factors, however, they can also be a result of the negligence of a physician. If a doctor fails to detect congenital problems in utero and fails to notify parents that their child is disabled, parents may be eligible to file a claim for wrongful birth seeking compensation for all costs for their child's disabilities.
In order to prevail in a medical negligence case in birth defect cases the plaintiff must show that the doctor owed a breach of duty to the patient, that he breached the duty, and that his actions or lack of action directly led to damage and injuries, and that he or she suffered economic and noneconomic damages as a result of the injuries. These damages could include medical bills as well as lost wages and emotional stress.
Prenatal visits are essential to ensure that pregnant women receive the proper tests and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect within the United States. These defects can vary in severity and affect the how a child appears and behaves in life. Some are minor, whereas others can cause serious problems and can even be fatal.
The reasons for a child's birth defects may be due to genetic anomalies or a wide range of chemical and environmental factors. For example, exposure to toxic chemicals could cause serious complications for newborns. Our firm is determined to hold employers accountable for exposing pregnant women and their newborn babies to harmful substances or drugs.
It is well-established in scientific research that certain toxins as well as chemicals can cross the placenta and affect the unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects, such as cleft lips, palates and spina Bifida.
Many mothers are exposed many toxic chemicals when they are at work. These chemicals can be inhaled, inhaled or absorbed through the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) used in the manufacture of semiconductors. These toxic substances can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. Many drugs have not been properly tested on pregnant woman and may cause birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's not the only one. Numerous different chemicals and toxins found in our homes as well as in food items can increase the risk of a birth defect. This includes fungicides and pesticides, lead, heavy metals, some paints and many other chemical compounds. Exposure to these toxins is almost always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.
Researchers are still trying to find the root of the birth defect. It could be that a combination of factors may cause the condition. The challenge is to evaluate the effects of these factors in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from a variety of populations as well as follow them and their children for the long term. This study will provide the most complete data available on how different environmental factors influence fetal and child health.
Many parents suffering from a child's birth defect feel guilty for having contributed to the disorder, but it's usually the case that these kinds of defects are unavoidable. Our birth defect lawyers know this and Birth defect lawyers are committed to helping families seek justice for children suffering from birth defects.
Product Liability
Birth defects are caused by a variety of causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, many of these causes can be cured. If your child was born with a medical condition that could have been prevented and you are entitled to claim damages through a birth defect lawsuit.
A New York birth defect lawyer can help you determine if your child's condition was caused by a medication, chemical exposure or any other environmental cause that is a reason to seek compensation. Based on the degree of your child's illness your legal team will be able to estimate the full cost of the associated medical bills that are suitable for compensation.
Although the vast majority of birth injuries are not due to medical negligence there are instances in which a doctor was negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication that harms a baby before it is born, or they may make an error during surgery.
Our birth defect lawyers have successfully brought cases against drug companies where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her having a child born with birth defects. We have also filed birth defect lawsuits against companies that expose employees to hazardous substances in the workplace, such as a paint factory or semiconductor manufacturing companies.
