5 Laws Everybody In Birth Defect Litigation Should Know
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes that's impossible. If this happens it is vital that parents who are in shock seek the help of experienced birth defect lawyers.
birth defect lawyer injuries and birth defects can result from medical malpractice and dangerous drugs and exposure to environmental factors. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical negligence occurs when a doctor violates the accepted standard of care in his or her area of expertise. This could include failing to perform prenatal screening or prescribing drugs that increase the chance of birth defects or making a mistake during labor or delivery.
Birth defects and birth injuries can be caused by genetic and environmental factors, however, they can also be a result of the negligence of a doctor. For instance the case where a doctor fails to recognize a congenital disability in utero and then fails to notify parents of the disability, the parents may file a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.
In order to prevail in a medical malpractice claim in birth defect cases the plaintiff must show that the doctor owed a breach of care to the patient, that he failed to fulfill this duty, that his actions or inaction action directly led to damages and injuries, and that he suffered economic and noneconomic damage from the injuries. These damages could include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are essential to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with a kind of birth defect in the United States. These defects are of various degrees and affect the way that the child behaves, looks and functions. Some are minor, but others can cause serious problems and even be fatal.
The causes of birth defects can stem from genetic defects or a range of chemical and environmental factors. For instance exposure to toxic chemicals could cause serious problems for newborns. Our firm is determined to hold employers accountable for exposed pregnant women and their newborn babies to harmful substances or medications.
It is well-established in the scientific research that certain toxins as well as chemicals can cross the placenta and affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects, such as the cleft palate, lips and spina Bifida.
While working, mothers are exposed to a variety of toxic chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals comprise industrial solvents such as EGE or ethylene glycol (EGE) used in the manufacture of semiconductors. Parents may be exposed to these toxins when they are consuming certain prescription or over-the-counter medications. Many medications have not been properly tested on pregnant women and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure is also a major factor. Many different chemicals and toxins that are found in the home, workplace and food could increase the chances of a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, when companies fail to safeguard pregnant employees they are negligent and could be held responsible.
Researchers are still trying to find the precise cause of a birth defect. It is possible that a combination between several factors can cause the condition, but the difficulty is evaluating the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100 women from the representative population and monitor them and their children over the long-term. This study will provide the most comprehensive data on the effects of environmental factors on the health of infants and children.
Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the disorder, but it's often the case that these kinds of defects are unavoidable. Our birth defect lawyers are aware of this and are committed to helping families with children who have birth defects.
Product Liability
Many birth defects are caused by a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes can be avoided. If your child was diagnosed with a medical condition that could have been prevented, you may be able to get compensation in an action for birth defects.
A New York birth defect attorney can help you determine if your child's illness is due to the use of a medicine, chemical or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills related to your child's condition based on the severity.
Although the majority of birth defects aren't caused due to medical negligence, there are instances in which a doctor or healthcare worker has been negligent prior to or during labor and birth. A doctor may prescribe a medicine that hurts an infant before it is born, or birth defect law firm commit a mistake during surgery.
Our birth defect lawyers have successfully litigated claims where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs, increasing the likelihood that she will give birth to a child suffering from birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor producers which expose their employees to hazardous substances when they work.
