10 Quick Tips About Birth Defect Litigation
Birth Defect Lawsuits
Parents wish their children to be perfect, but at times that's not possible. If this happens, it's crucial that parents who are shocked seek the assistance of a seasoned birth defect lawyers.
Birth defects and injuries can be caused by medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical malpractice is when a doctor violates the accepted standard of care in his or her area of expertise. This could mean failing to perform prenatal screening and prescribing medicines that increase the chance of birth defects, or making an error during labor and delivery.
Birth birth defects and birth injuries can be caused by genetic or environmental causes, however sometimes they occur due to medical negligence or malpractice. For example the case where a doctor does not recognize an inborn disability and fails to notify the parents of this disability, the parents may file a wrongful birth claim seeking compensation for the lifelong expenses associated with the disabled child.
In order to win a medical negligence case in birth defect cases the plaintiff must show that the doctor owed a duty of care to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly triggered damages and injuries and that the plaintiff suffered economic and noneconomic damage due to the injuries. These damages could include medical bills, lost wages and emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These birth defects may be of different severity and impact the way the child behaves, looks and performs. Some are minor while others can lead to serious issues that could be fatal.
The causes of a child's birth defects could be due to genetic disorders or a variety of environmental and chemical factors. For instance exposure to toxic chemicals could cause serious problems for a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful substances or drugs.
In scientific literature, it has been established that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn child. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects like cleft lips, palates and spina bifida.
Many mothers are exposed to an array of toxic chemicals while working. These chemicals can be ingested or inhaled through the skin of the body. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. Many drugs have not been thoroughly tested on pregnant women and have caused 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 cause. The presence of many different chemicals and toxins at the workplace, at home and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, birth defect law firm it is a breach of duty and they could be held accountable.
Researchers are still unable to identify the exact cause of a particular birth defect. It is possible that a mix of factors can trigger the condition. The problem is to assess the effects of these factors in real-time. The National Children's Study is important because it is in progress across several states. The NCS will enroll 100,000 women from diverse populations and will follow them and their children for the long-term. This study will provide the most comprehensive data available on how many environmental factors affect fetal and child health.
Many parents who have a birth defect in their child feel guilty because they believe they caused it. However, these birth defects are usually inevitable. Our birth defect attorneys understand this and are committed to helping families who have children with birth defects.
Product Liability
Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue that could have been avoided, you may be entitled to compensation through a birth defect lawsuit.
A New York birth defect lawyer can help you determine whether your child's illness was caused by an exposure to chemicals, medication or other environmental factor which is eligible for compensation. Depending on the degree of your child's illness your legal counsel will also be able calculate the total cost of associated medical expenses that are suitable for compensation.
Although the majority of birth defects are not caused due to medical negligence, there are instances when a healthcare worker is negligent prior to or during labor and delivery. A doctor may prescribe a medication that harms the baby before it's born, or they may make an error during surgery.
Our birth defect lawyers have successfully brought cases against drug companies when a mother's medical care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her child developing birth defect attorney defect. We have also filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to dangerous chemicals at work.
