Birth Defect Lawsuits
Parents want their children perfect, but that's sometimes impossible. If this happens, it's crucial parents who are shocked seek the help of experienced birth defect lawyers.
Birth problems and injuries can be caused by medical malpractice and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
If a physician fails to adhere to the accepted standard of practice in their area, it is considered medical malpractice. This could be due to failing to conduct prenatal testing or prescribing medications that increase the likelihood of birth defects, or making an error during labor and delivery.
Birth birth defects and birth injuries are usually caused by genetic and environmental causes, but sometimes they are caused by an error or negligence of a physician. For instance the case where a doctor fails to recognize the presence of a congenital defect in utero and fails to notify the parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.
To win a medical malpractice case in birth defects the plaintiff has to prove that the doctor owed a breach of care to the patient, and that he did not fulfill the duty, that his actions or inaction action directly triggered damages and injuries and that he suffered economic and non-economic losses due to the injuries. These damages could include medical bills and lost wages, as well as emotional stress.
Prenatal visits are necessary to ensure that pregnant women receive the proper tests and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.
Toxic Chemicals
In the United States, thousands of babies are born every year with birth defects. These birth defects can be of varying severity and affect the way that a child acts, looks and performs. Some are minor, while others can cause serious problems that may be fatal.
Birth problems can be caused by genetic disorders or a variety of environmental and chemcial factors. For instance, exposure to toxic chemicals can cause serious problems for newborns. Our
firm is determined to hold employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.
It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals could cause
birth defects, such as the cleft lip and palate, spina bifida and muscular dystrophy.
While working, many mothers are exposed to a range of harmful chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents can be exposed to these toxins when they are consuming certain prescription and over-the counter drugs. Many medications have not been thoroughly tested on pregnant women and have resulted in birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, environmental exposure is also a major cause. Many different chemicals and toxins found in our homes or workplace could increase the chances of a birth defect. These include fungicides, pesticides lead, heavy metals, some paints and various chemical compounds. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers aren't able to identify the exact cause of a particular birth defect. It is possible that a combination between multiple factors may cause the problem, but the issue is assessing the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from a variety of populations and follow them and their children over the long-term. This study will provide most comprehensive data on the effects of environmental factors on the health of children and fetuses.
Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it's often the case that these kinds of problems are inevitable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children who suffer from birth defects.
Product Liability
Birth problems can be caused by many causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, a lot of these causes can be avoided. If your child was born with a medical condition that could have been avoided and you are entitled to claim damages through a
birth defect law firms defect lawsuit.
A New York birth defect attorney will be able help you determine if your child's condition is caused by an illness, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills that are related to your child's illness depending on the severity.
While the majority of these cases are not the result of medical negligence however, there have been instances where a doctor has been negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication that injures the baby before it is born, or they may make an error during surgery.
Our birth defect lawyers have successfully defended claims against drug manufacturers in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chance of her child developing birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers harmful chemicals during their work.