The No. 1 Question Anyone Working In Birth Defect Litigation Must Know How To Answer
Birth Defect Lawsuits
Parents want their children perfect however sometimes it's impossible. If that happens it is imperative that parents who are in shock seek the help of seasoned birth defect lawyers.
Birth injuries and birth defects could be caused by medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defect law firm can help you get answers.
Medical Malpractice
Medical malpractice occurs when a doctor violates the accepted standard of care in his or her area of expertise. This could mean failing to perform routine prenatal testing and prescribing a medication that increases the likelihood of a birth defect, or making a mistake during labor and Birth defect lawsuits delivery.
Birth defects and birth injuries are usually caused by genetic or environmental causes, however sometimes they are the result of the negligence or malpractice of a doctor. If a doctor fails detect congenital problems in utero and fails to inform parents they may be able to file a claim for wrongful birth seeking compensation for all the expenses related to their child's disability.
To prevail in a medical malpractice lawsuit in birth defects the plaintiff must demonstrate that the doctor owed a duty of care to the patient, and that he violated the duty, that his actions or lack of action directly triggered damages and injuries and that the patient suffered economic and non-economic losses as a result of the injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.
Prenatal visits are crucial to ensure that pregnant women are provided with the appropriate tests and monitoring. If you believe that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.
Toxic Chemicals
Every year thousands of children are born with some type of birth defect in the United States. These defects can be of varying severity and impact the way children behave, appear and functions. Some are minor, while others can lead to serious issues that could be fatal.
The causes of a child's birth defects can be attributed to genetic disorders or a variety of environmental and chemical factors. Exposure to harmful chemicals, for instance, can cause serious complications in a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their newborn babies to harmful substances or medications.
In scientific literature, it has been established that certain chemicals and birth defect lawsuits toxins may traverse the placenta to affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects like lip clefts, palates, and spina bifida.
Many mothers are exposed many toxic chemicals while they are at work. These chemicals can be ingested or inhaled through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents may be exposed to these chemicals when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been shown to cause birth defects.
Environmental Exposure
While genetic disorders are among the most common causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of various chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides, lead, heavy metals, certain paints and many other chemical substances. Exposure to these toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers aren't able to determine exactly what causes the birth defect in a specific way. It is possible that an interaction between a variety of factors could cause the condition, but the challenge is evaluating these interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enroll 100,000 women from a representative population and monitor their progress over time and also their children. This study will provide the most complete data to date about how different environmental factors impact fetal as well as child health.
Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the condition, however it is often the case that these kinds of defects are not a choice. Our birth defect attorneys are aware of this and are committed to helping families who have children who have birth defects.
Product Liability
Birth problems can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was diagnosed with a medical condition that could have been avoided it is possible to claim damages in lawsuits for birth defects.
A New York birth defect attorney can assist you to determine if your child's problem is caused by a medication, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's condition, your legal team will also be able calculate the total cost of associated medical bills that are qualified for compensation.
While the majority of cases are not the result of medical negligence There have been instances where doctors have been negligent during or prior to labor and birth. A doctor might prescribe a medication incorrectly that can harm a baby before birth, or may make an error during surgery.
Our birth defect lawyers have successfully prosecuted lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child with birth defect. We also brought birth defect lawsuits against companies that expose their workers to harmful substances in the workplace for example, a paint factory or semiconductor manufacturing companies.
