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 vital that parents who are in shock seek the assistance of experienced birth defect lawyers.
Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.
Medical Malpractice
When a doctor fails adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This could include failing to perform routine prenatal testing, prescribing medication that increases the likelihood of a birth defect, or making a mistake during the labor and delivery.
Birth defects and birth injuries are often caused by environmental and genetic factors, but they can also be caused by the negligence of a doctor. For instance in the event that a physician is unable to identify the presence of a congenital defect in utero and fails to notify the parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong costs associated with the disabled child.
In order to win a medical malpractice case in birth defect cases the plaintiff must demonstrate that the doctor owed a breach of duty to the patient, that he failed to fulfill this duty, that his actions or lack of action directly resulted in damages and injuries and that he was a victim of economic and non-economic damages from the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.
Prenatal visits are important to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical malpractice caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer right away.
Toxic Chemicals
Every year thousands of children are born with some type of birth defect in the United States. These defects are of various degrees and affect the way that a child acts, looks and functions. Some are minor, while others can cause serious issues that could be fatal.
The causes of a child's birth defects could be due to genetic defects or a variety of environmental and chemical factors. For example exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or drugs.
It is well-established in scientific research that certain toxins and chemicals can pass through the placenta and harm the unborn baby. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects like lip clefts, palates, and spina Bifida.
While they are working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the production of semiconductors. These contaminants can also be ingested by parents when they take certain prescription and over-the-counter drugs. Many medications have not been properly tested on pregnant women and have resulted in birth defects.
Environmental Exposure
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's not the only one. The presence of numerous chemical compounds and toxins in the workplace, at home and in food items can increase the risk of birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and various chemical substances. Exposure to these toxins is usually unavoidable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the specific cause of a birth defect. It could be that a combination of factors could cause the condition. The trick is to study these interactions in real-time. The National Children's Study is important because it is now underway in a number of states. The NCS will enrol 100,000 women from representative populations and will follow them and their children for the long run. This study will provide most comprehensive data on how environmental factors impact the health of children and fetuses.
Many parents who are suffering from a child's birth defect feel guilty for having contributed to the condition, however it's often the case that these kinds of issues are not a choice. Our birth defect lawyers are aware of this and are dedicated to helping families seek justice for children who suffer from birth defects.
Product Liability
Many birth defects result from a variety of factors, birth defect law Firm ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition that could have been avoided in the first place, you may be able to compensation through an action for birth defect attorney defects.
A New York birth defect lawyer will be able to help you determine whether your child's illness is caused by an exposure to chemicals, medication or other environmental trigger that is a reason to seek compensation. Based on the severity of your child's health condition the legal team will also be able calculate the total cost of medical bills that are eligible for compensation.
While the majority of cases are not the result of medical negligence There have been instances in which a doctor was negligent prior to or during labor and delivery. A doctor might incorrectly prescribe a medicine that hurts the baby before it is born, or they may commit a mistake during surgery.
Our birth defect lawyers have successfully prosecuted claims against drug manufacturers where a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her having a child with birth defects. We have also brought birth defect lawsuits against companies that expose employees to dangerous chemicals at work like a paint factory or semiconductor manufacturing company.