10 Quick Tips About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however, sometimes that's not possible. If this happens, it's crucial parents who are shocked seek the assistance of experienced birth defect law firms defects lawyers.
Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide answers.
Medical Malpractice
Medical malpractice occurs when a doctor is in violation of the accepted standard of care in his or her field. This may include not performing prenatal tests, prescribing medications which increase the chance of birth defects or making a mistake during labor or delivery.
Birth defects and birth injury can be caused by environmental and genetic factors, however, they can also be the result of the negligence of a physician. For instance, if a physician fails to recognize the presence of a congenital defect in utero and fails to inform the parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.
In order to prevail in a medical negligence case in birth defects the plaintiff has to prove that the doctor was bound by a duty of care to the patient, and that he violated that duty, that his actions or lack of action directly led to damages and injuries and that he suffered economic and noneconomic damages from the injuries. These damages could include medical bills as well as lost wages and birth defect law firm emotional distress.
Prenatal visits are important to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born every year with birth defects. These birth defects can vary in severity and affect the way that a child appears and behaves throughout life. Some are minor and others can lead to serious problems that may be fatal.
Birth birth defects can be caused by genetic defects or a range of chemcial and environmental causes. Exposure to harmful chemicals, for example could cause serious problems in babies. Our firm is committed in making employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.
In the scientific research, it is known that certain chemicals and toxins can traverse the placenta and affect the unborn child. These chemicals are teratogenic. The exposure to these teratogenic chemicals may cause birth defects such as Cleft lips and palates, spina bifida and muscular dystrophy.
While working, mothers are exposed to a variety of toxic chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. These toxins can also be ingested by parents when they consume certain over-the counter and prescription drugs. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and birth defect law firm have been proven to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors can also play a role. Many different toxins and chemicals that are present in the home as well as in food items could increase the chances of having a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. However, when companies do not take precautions to protect pregnant employees, they're negligent and could be held responsible.
Researchers are still unable to pinpoint exactly what causes a particular birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the challenge is evaluating the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from representative population and monitor them throughout their lives and also their children. This study will provide most complete information on how environmental factors affect fetal and childhood health.
Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the problem, but it's usually the case that these kinds of issues are inevitable. Our birth defect attorneys are aware of this and are committed to helping families with children with 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 avoided. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to recover damages in an action for birth defects.
A New York birth defect lawyer will be able to assist you determine if your child's condition was caused by a medication, chemical exposure or other environmental factor that is a reason to seek compensation. Based on the degree of your child's illness your legal counsel will be able to estimate the total cost of associated medical expenses that are eligible for compensation.
While the vast majority of birth defects aren't caused by medical negligence, there are some instances where a doctor or healthcare worker is negligent prior to or during labor and birth. A doctor could incorrectly prescribe a medicine that hurts an infant before it is born, or commit a mistake during surgery.
Our birth defect lawyers have successfully pursued lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child being born with birth defects. We have also filed birth defect lawsuits against companies that expose workers to hazardous substances while working for example, a paint factory or semiconductor manufacturing company.
