Birth Defect Litigation s History History Of Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's not feasible. When this happens, it's important parents who are shocked seek out the help of experienced birth defects lawyers.
Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defect attorney defects and injuries. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice occurs when a doctor violates the accepted standard of medical care in their area of expertise. This might involve failing to perform routine prenatal tests or prescribing medication that increases the likelihood of birth defect or making a misstep during the labor and delivery.
Birth defects and birth injuries can be caused by genetic and environmental factors, but sometimes they are the result of medical negligence or malpractice. If a doctor fails to detect congenital defects in utero and fails to inform parents that their child is disabled, parents may be eligible to file a claim for compensation due to a birth defect for all costs for their child's disabilities.
In order to prevail in a medical negligence case in birth defect cases, the plaintiff must prove that the doctor owed a breach of duty to the patient, that he breached that duty, that his actions or inaction action directly triggered damages and injuries and that the patient suffered economic and noneconomic damage from the injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury lawyer as soon as you can.
Toxic Chemicals
Every year thousands of children are born with a kind of birth defect within the United States. These birth defects may be of different severity and affect the way that a child acts, looks and functions. Some are minor and others can cause serious problems that may be fatal.
The reasons for a child's birth defects can be attributed to genetic abnormalities or a variety of environmental and chemical factors. Exposure to harmful chemicals, for instance can trigger serious complications in the newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or birth Defect lawsuit medications.
In scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect an unborn child. These toxins are called teratogenic. Teratogenic chemicals can cause birth defects such as cleft lips, palates and spina bifida.
While they are working, many mothers are exposed of harmful chemicals. These chemicals can be breathed in or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) which are used in the production of semiconductors. Parents may also be exposed toxins when they are consuming certain prescription and over-the counter drugs. Many medications have not been adequately tested on pregnant women and may 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 numerous chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides, lead, heavy metals, certain paints, and other chemical substances. Exposure to these toxins is usually unavoidable. But, when businesses fail to protect pregnant employees, they are negligent and could be held responsible.
Researchers are still unable to determine exactly what causes the specific birth defect. It could be that an interaction between multiple factors may cause the condition, but the problem is evaluating the effects of these interactions in real time. The National Children's Study is important because it is in progress in a number of states. The NCS will enroll 100,000 women from representative populations as well as follow them and their children for the long term. This study will provide the most comprehensive information to date on how various environmental factors impact fetal as well as child health.
Many parents who suffer from a birth defect in their child feel guilt because they believe they caused it. However, these defects are not always preventable. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children suffering from birth defects.
Product Liability
Birth defects can be caused by many causes, from drug or alcohol use during pregnancy to genes. Fortunately, the majority of these causes can be avoided. If your child was born with a medical issue that could have been prevented and you are entitled to recover damages through a birth defect lawsuit.
A New York birth defect lawyer can assist you determine whether your child's condition was caused by chemical exposure, a drug or other environmental factor that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses related to your child's condition based on the severity.
Although the majority of birth defects are not caused due to medical negligence, there are some instances where a doctor or healthcare professional has been negligent prior to or during labor and birth. A doctor might prescribe a medication in a way that harms a baby even before birth, or may make an error in surgery.
Our birth defect attorneys have successfully pursued claims in which a mother’s health care provider was exposed to prescription drugs or toxic chemicals which increased the chances that she could give birth to a baby with birth defects. We have also filed birth defect lawsuits against companies that expose employees to dangerous substances on the job like a paint factory or semiconductor manufacturing companies.