Birth Defect LawsuitsParents wish their children to be perfect, but in some cases that's not possible. If that happens, it is essential that parents in shock seek the assistance of experienced birth defect lawyers.
Birth injuries and birth defects could be caused by medical malpractice and dangerous drugs and exposure to environmental factors. A New York birth defects law firm can assist.
Medical Malpractice
When a doctor fails adhere to the accepted standard of practice in his or her area, it is deemed medical malpractice. This could include failing to conduct routine prenatal testing, prescribing medication that increases the likelihood of a birth defect or making a mistake during labor and birth.
Birth defects and birth injuries are usually caused by environmental and genetic factors, however, they can also be a result of the negligence of a physician. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to inform the parents they may be legally able to file a case for compensation in the event of a wrongful birth. for all costs that are associated with their disabled child.
To win a medical malpractice case in birth defect cases the plaintiff has to prove that the doctor owed a duty of duty to the patient, and that he did not fulfill the duty, and that his actions or inaction action directly caused damages and injuries and that he was a victim of economic and non-economic damages due to the injuries. These damages could include medical bills or lost wages, as well emotional distress.
Certain birth defects and injuries are preventable by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer as soon as you can.
Toxic Chemicals
Every year thousands of children are born with a type of birth defect in the United States. These birth defects may be of different severity and affect the way that children behave, look and performs. Some are minor, whereas others can cause serious problems and even be fatal.
Birth birth defects can be caused by genetic anomalies or a range of chemcial or environmental factors. For instance exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful medications or substances.
In scientific literature, it has been established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects like lip clefts, palates, and spina bifida.
While they are working, mothers are exposed a variety of harmful chemicals. They can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription and over-the-counter drugs. This is due to the fact that many drugs are not properly tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of a variety of chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are still unable to identify the exact cause of the specific birth defect. It is possible that a combination between multiple factors may cause the condition, but the problem is evaluating the effects of these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enrol 100,000 women from diverse populations and monitor them and their children for the long-term. This study will provide the most complete data to date about how different environmental factors affect fetal and child health.
Many parents suffering from a birth defect in their child are resentful that they have contributed to the condition, however it's often the case that these kinds of defects are a given. Our
birth defect lawyers understand this and are committed to helping families whose children are born who have birth defects.
Product Liability
Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be avoided. If your child was born with a medical issue which could have been prevented, you may be entitled to claim damages in an action for birth defects.
A New York birth defect attorney can assist you to determine if the condition of your child is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. The legal team of your lawyer can estimate the total cost of medical expenses that are related to your child's illness depending on the severity.
Although the vast majority are not the result of medical negligence there are instances where a doctor was negligent prior to or during labor and birth. A doctor may prescribe a medicine that hurts the baby before it is born, or commit a mistake during surgery.
Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her child developing birth defects. We have also brought birth defect lawsuits against companies that expose workers to dangerous substances on the job like a paint factory or semiconductor manufacturing companies.