10 Quick Tips About Birth Defect Litigation
Birth Defect Lawsuits
Parents wish their children to be perfect, but in some cases that's impossible. When this happens, it's important parents who are shocked seek the assistance of experienced birth defects lawyers.
Birth defects and injuries can result from medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can help you get answers.
Medical Malpractice
If a doctor does not adhere to the accepted standard of practice in his or her region, it's deemed medical malpractice. This could be due to failing to conduct prenatal testing or prescribing drugs that increase the likelihood of birth defects or making a mistake during labor and delivery.
Birth defects and birth injuries are usually the result of environmental and genetic causes, however, they can also be caused by the negligence of a physician. For example when a doctor fails to detect the presence of a congenital defect in utero and then fails to notify parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifetime expenses incurred by the disabled child.
In order to win a medical malpractice case in birth defects, the plaintiff must prove that the doctor owed a duty of care to the patient, and that he violated the duty, and that his actions or lack of action directly led to damages and injuries and that he or she suffered economic and noneconomic damages due to the 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 necessary tests and monitoring. If you suspect that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect in the United States. These defects are of various degrees and impact the way a child acts, looks and functions. Some are minor and others can lead to serious problems that may be fatal.
Birth defects can result from genetic disorders or a variety of chemcial and environmental factors. Exposure to harmful chemicals, for instance, can cause serious complications in the infant. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.
It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta to affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects such as lips, palates, birth defect law firm and clefts as well as spina bifida.
Many mothers are exposed to various toxic chemicals while at work. They can be ingested, inhaled or absorbed into the body's skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. Parents may be exposed to these poisons when they consume certain prescription and over-the-counter drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's not the only one. The presence of various chemicals and toxins in the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when employers do not take precautions to protect pregnant employees, they are negligent and birth defect law firm could be held accountable.
Researchers are still unable determine exactly what causes the specific birth defect. It could be that an interaction between multiple factors may cause the problem, but the issue is assessing the interactions in real-time. The National Children's Study is important because it is currently underway across several states. The NCS will enrol 100,000 women from representative populations and follow them and their children for the long-term. This study will provide most comprehensive information about how environmental factors affect the health of infants and children.
Many parents who suffer from a birth defect in their child feel guilty and believe that they were responsible for the defect. However, these issues are usually unavoidable. Our birth defect lawyers understand this and are dedicated in helping families with children with birth defects.
Product Liability
Birth defects can be caused by many factors, ranging from drug or alcohol consumption during pregnancy to genetic. Fortunately, many of these causes are preventable. If your child was born with a medical issue which could have been prevented and you are entitled to recover damages through an action for birth defects.
A New York birth defect attorney can help you determine if your child's condition is due to an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical expenses related to your child's condition according to the severity.
While the majority of cases are not due to medical negligence however, there have been instances where a doctor has been negligent prior to or during labor and birth. A doctor could prescribe a medicine incorrectly, which can harm a baby before birth, or even make an error during surgery.
Our birth defect lawyers have successfully brought cases against drug companies in which a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chance of her child being born with a birth defect. We have also brought birth defect lawsuits against companies that expose employees to harmful substances while working, such as a paint factory or semiconductor manufacturing companies.
