What Is Birth Defect Litigation History Of Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect however, sometimes that's impossible. When that happens it is crucial that stunned parents seek the assistance of experienced birth defect lawyers.
Birth problems and injuries can be caused by medical malpractice or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defect law firm (Learn Alot more) can help you get answers.
Medical Malpractice
Medical malpractice occurs when a physician violates the accepted standard of care in his or her field. It could be a failure to perform routine prenatal tests or prescribing medications that increase the likelihood of birth defect or committing a lapse during the labor and delivery.
birth defect lawsuit birth defects and birth injuries are often the result of genetic and environmental factors, but sometimes they occur due to a doctor's negligence or malpractice. For example, if a physician does not recognize a congenital disorder in the uterus and fails to inform parents of the impairment, parents can make a claim for wrongful birth seeking compensation for all the lifetime expenses associated with the disabled child.
In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of care to the patient, and that he violated that duty, that his actions or lack of action directly caused damages and injuries, and that the patient suffered economic and noneconomic damages from the injuries. These damages could include medical expenses and lost wages, as well as emotional stress.
Prenatal visits are necessary to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born each year with a birth defect. These birth defects may be of different severity and impact the way children behave, look and functions. Some are minor, but others can cause serious problems and even be fatal.
Birth defects can result from genetic defects or a range of chemcial and birth defect law firm environmental causes. For instance exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or drugs.
It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals could cause birth defects, such as the cleft palate, lips and spina bifida.
While they are working, many mothers are exposed to a range of harmful chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) which are used in the manufacture of semiconductors. Parents can also be exposed to these toxins when they are consuming certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, environmental exposure is also a major factor. The presence of many different chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. However, when employers fail to safeguard pregnant employees they're negligent and could be held responsible.
Researchers are still unable pin down exactly what causes a specific birth defect. It is possible that a variety of factors may cause the condition. The problem is to evaluate the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from a variety of populations and follow them and their children over the course of time. This study will provide the most comprehensive information to date on how a variety of environmental factors impact fetal as well as child health.
Many parents who have a birth defect in their child feel guilt believing that they are responsible for it. However, these defects are usually inevitable. Our birth defect lawyers know this and are committed to families who seek justice for children who suffer from birth defects.
Product Liability
Birth problems can be caused by many causes, from drug or alcohol consumption during pregnancy to genes. However, many of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided it is possible to get compensation in lawsuits for birth defects.
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 eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills for your child's condition in relation to the severity.
Although the vast majority are not the result of medical negligence, there have been cases where a doctor has been negligent prior to or during labor and birth. A doctor may prescribe a medicine incorrectly, which can harm a baby before birth, or may make an error during surgery.
Our birth defect attorneys have successfully prosecuted allegations that a mother's health care provider was exposed to prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child who has birth defects. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to hazardous substances at work.
