This Week s Top Stories About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect however, sometimes that's not possible. If this happens, it's essential that parents who are shocked seek the assistance of experienced birth defect lawyers.
Birth problems and injuries can result from 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 is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to perform routine prenatal testing and prescribing a medication that increases the likelihood of birth defect, or making a mistake during the labor and delivery.
Birth defects and birth injury are usually the result of environmental and genetic factors, but they can also be caused by an error by a doctor. For example when a doctor is unable to identify a congenital disorder in the uterus and fails to inform the parents of this disability, the parents can file a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.
In order to win a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor owed a duty of duty to the patient, and that he did not fulfill the duty, that his actions or inaction action directly caused damage and injuries, and that he suffered economic and noneconomic damage from the injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.
Certain birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' advice about prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can be of varying severity and affect the way that the child behaves, looks and functions. Some are minor, but others can lead to serious problems that may be fatal.
Birth birth defects can be caused by genetic defects or a range of chemcial and environmental causes. For instance exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn children to harmful substances or drugs.
In the scientific research, it is known that certain chemicals and toxins may traverse the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects like the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed to many toxic chemicals when they are at work. These chemicals can be ingested or inhaled through the body's skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only reason. A variety of toxins and chemicals that are found in the home or workplace can increase the chance of having a birth defect. Pesticides and fungicides are among the most common. 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 trying to determine the precise cause of a birth defect. It is possible that a combination of factors may cause the condition. The challenge is to assess these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a variety of populations as well as follow them and their children for the course of time. This study will provide the most complete information on the effects of environmental factors on the health of children and fetuses.
Many parents who suffer from a birth defect in their child feel guilt and believe that they were responsible for the defect. However, these issues are usually unavoidable. Our birth defect attorneys understand this and are committed to helping families whose children are born with birth defects.
Product Liability
Birth problems can be caused by a variety causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was born with a medical condition that could have been avoided or prevented, you could be entitled to claim damages through an action for birth defects.
A New York birth defect lawyer can assist you determine whether your child's illness was caused by chemical exposure, a drug or other environmental factor which is eligible for compensation. Based on the degree of your child's illness the legal team will also be able calculate the total cost of medical bills that are eligible for compensation.
While the vast majority of birth defects are not caused by medical negligence, there are some instances when a healthcare professional has been negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication that injures an infant before it is born, or they may make a mistake during surgery.
Our birth defect lawyers have successfully defended lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her child developing birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to hazardous substances when they work.