Birth Defect Litigation s History History Of Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect, but that's sometimes not always possible. When this happens, it's essential that parents who are stunned seek the assistance of a seasoned birth defect lawyers.
Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.
Medical Malpractice
If a doctor does not adhere to the accepted standards of practice in their region, it's deemed medical malpractice. This may include failing to perform prenatal screening or prescribing medications which increase the chance of birth defects, or making an error during labor and delivery.
Birth birth defects and Birth defects birth injuries can be the result of genetic and environmental causes, but occasionally they are the result of a doctor's negligence or malpractice. If a doctor fails detect congenital disabilities in utero and fails to inform parents of the condition, parents might be legally able to file a case for compensation in the event of a wrongful birth. for all expenses related to their child's disability.
To win a medical malpractice case in birth defects the plaintiff must show that the doctor owed a breach of duty to the patient, and that he did not fulfill the duty, that his actions or lack of action directly resulted in injuries and damages and that he or she suffered economic and non-economic losses due to the injuries. These damages could include medical expenses, lost wages and emotional distress.
Prenatal visits are necessary to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect way a child looks, acts and functions in life. Some are minor, whereas others can cause serious problems and even be fatal.
The reasons for a child's birth defects can stem from genetic abnormalities or a range of environmental and chemical factors. Exposure to toxic chemicals, for example causes serious complications in babies. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or drugs.
In the scientific research, it is known that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals may cause birth defects like cleft lips and palates as well as spina bifida, and muscular dystrophy.
While they are working, many mothers are exposed a variety of harmful chemicals. They can be inhaled or inhaled through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents may also be exposed toxins when they are consuming certain over-the-counter and prescription drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors is also a major factor. The presence of various toxins and chemical compounds in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most common. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is generally inevitable. But, when businesses do not take precautions to protect pregnant employees, they are negligent and can be held responsible.
Researchers are still trying to determine the precise cause of a birth defect. It is possible that a mix of factors may cause the condition. The challenge is to analyze these interactions in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enroll 100,000 women from a representative population and follow them over time and also their children. This study will provide the most comprehensive information to date on how many environmental factors influence fetal and child health.
Many parents who have a birth defect in their child feel guilty because they believe they caused it. However, these birth defects are usually inevitable. Our birth defect lawyers recognize this and are dedicated to families who seek justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was born with a medical condition which could have been prevented and you are entitled to claim damages through an action for birth defects.
A New York birth defect attorney can assist you to determine if your child's illness is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical expenses for your child's condition based on the severity.
Although the majority of birth defects are not caused due to medical negligence, there are instances where a doctor or healthcare professional has been negligent prior to or during labor and birth. A doctor might incorrectly prescribe a medication that injures a baby before it is born, or they may make an error during surgery.
Our birth defect lawyers have successfully brought claims against drug manufacturers in cases where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her child being born with birth defects. We also have brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to hazardous substances in the workplace.