birth defect attorney Defect Lawsuits
Parents want their children to be perfect, but sometimes it's not possible. When that happens it is vital that parents in shock seek the help of experienced birth defect lawyers.
Birth injuries and birth defects can result from medical malpractice or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defects law firm can help.
Medical Malpractice
If a physician fails to adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This could include failing to perform prenatal testing or prescribing medications which increase the chance of birth defects, or making an error during labor or delivery.
Birth birth defects and birth injuries are usually caused by genetic and environmental causes, however sometimes they arise due to medical negligence or malpractice. For instance in the event that a physician does not recognize a congenital disability in utero and fails to notify parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.
A successful medical malpractice claim in birth defect cases requires that the physician had a duty to the patient of care, that the physician violated this duty, the doctor's actions or failure to act caused injuries and damages, and that the victim suffered economic and non-economic damage as a result of his or her injuries. These damages could include medical bills as well as lost wages and emotional distress.
Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with some form of birth defect in the United States. These defects can be of various severity and affect the way that children behave, appear and performs. Some are minor, but others can cause serious problems and even lead to death.
The causes of a child's birth defects can be attributed to genetic anomalies or a wide range of environmental and chemical factors. For example, exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.
In the scientific literature, it is established that certain chemicals and toxins may traverse the placenta and affect an unborn child. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina bifida.
Many mothers are exposed to various harmful chemicals when they are at work. They can be ingested or inhaled through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. These chemicals can also be consumed by parents when they consume certain over-the counter and prescription drugs. A lot of pharmaceuticals haven't been tested properly on pregnant women and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, environmental exposure can also play a role. The presence of various chemicals and toxins at the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when companies fail to safeguard pregnant employees they're negligent and could be held accountable.
Researchers are unable to pinpoint exactly what causes a particular birth defect. It is possible that a combination of factors can cause the condition. The next step is to study these interactions in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enroll 100 women from the representative population and monitor them and their children over the long run. This study will provide comprehensive information about how environmental factors impact fetal and childhood health.
Many parents suffering from a birth defect in their child feel guilty that they may have contributed to the condition, but it is often the case that these types of defects are a given. Our birth defect lawyers recognize this and are committed to helping families seek justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided and prevented, you could be able to get compensation in a lawsuit involving birth defects.
A New York
birth defect lawyer can help you determine if your child's condition is the result of chemical exposure, a medication or other environmental trigger that is a reason to seek compensation. Your legal team can calculate the total cost of medical bills for your child's condition depending on the severity.
Although the majority of birth defects are not caused by medical negligence, there are cases when a healthcare worker is negligent before or during labor and birth. A physician may incorrectly prescribe a medicine that hurts the baby before it's born, or they may commit a mistake during surgery.
Our birth defect lawyers have successfully brought lawsuits against drug makers where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child developing a birth defect. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to hazardous substances during their work.