Why Nobody Cares About Birth Defect Litigation
Birth Defect Lawsuits
Parents wish their children to be perfect, but sometimes it's impossible. When that happens it is crucial for parents to seek the help of experienced birth defect lawyers.
Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.
Medical Malpractice
When a doctor fails to follow the accepted standard of practice in his or her area, it is considered medical malpractice. This may include failing to perform prenatal screening or prescribing drugs that increase the chance of birth defects, or making an error during labor and delivery.
Birth defects and birth injuries are often caused by environmental and genetic factors, however, they could also be caused by the negligence of a physician. If a physician fails to detect congenital defects in utero, and then fails not to inform parents that their child is disabled, parents may be in a position to file a lawsuit for wrongful birth seeking compensation for Birth defect Lawyers all the costs related to their child's disability.
A successful medical malpractice claim in birth defect cases must prove that the doctor owed the patient a duty of care, that the doctor violated this duty, the doctor's negligence or failure to act caused injuries and damages and that the victim suffered economic and non-economic losses due to the injuries. These damages could include medical bills and lost wages, as well as emotional stress.
Some birth injuries and defects can be prevented by prompt testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' advice regarding prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
In the United States, thousands of babies are born each year with a birth defect. These birth defects can vary in severity and impact way that a child appears and behaves in life. Some are minor, whereas others can cause serious issues and even lead to death.
The reasons for a child's birth defects can be attributed to genetic disorders or a range of chemical and environmental factors. Exposure to toxic chemicals, for instance could cause serious problems in babies. Our firm is determined to hold employers accountable for exposed pregnant women and their newborn babies to harmful substances or medications.
It is well-established in the scientific research that certain toxins and chemicals can pass through the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals could cause birth defects like cleft lips and palates as well as spina bifida, and muscular dystrophy.
Many mothers are exposed to various toxic chemicals while at work. They can be ingested, inhaled or absorbed through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed poisons when they consume certain prescription and over-the counter drugs. Many medications have not been thoroughly tested on pregnant woman and have led to birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors is also a major factor. Many different toxins and chemicals found in our homes workplace, food and work environment could increase the chances of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is generally inevitable. If businesses fail to protect their pregnant employees, it is negligence and they can be held accountable.
Researchers are unable to pinpoint exactly what causes the birth defect in a specific way. It could be that a combination of factors can trigger the condition. The challenge is to study the effects of these factors in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from a representative population and follow them throughout their lives as well as their children. This study will provide the most complete data available on how many 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 problem, but it is the norm that these kinds of defects are unavoidable. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical condition that could have been prevented and you are entitled to compensation through a birth defect lawsuit.
A New York birth defect attorney will be able help you determine if your child's condition is due to an illness, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's health condition your legal counsel will also be able to determine the full cost of the associated medical expenses that are qualified for compensation.
While the majority of cases are not the result of medical negligence there are instances where a doctor has been negligent during or prior to labor and delivery. A doctor may prescribe a medication in a way that could harm a baby, even before birth, or may make an error during surgery.
Our birth defect lawyers have successfully pursued lawsuits against drug companies in which a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her having a child born with birth defect. We also have filed birth defect lawsuits against paint factories and semiconductor producers who expose their workers to dangerous chemicals at work.