Why No One Cares About Birth Defect Litigation
Birth Defect Lawsuits
Parents wish their children to be perfect, but at times that's not feasible. When that becomes a reality it is crucial that parents who are in shock seek the help of seasoned birth defect lawyers.
Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.
Medical Malpractice
When a doctor fails to adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. This could mean failing to conduct routine prenatal testing, prescribing medication that increases the chance of having a birth defect lawsuit defect, or making a mistake during the birth and delivery.
Birth defects and birth injuries are typically caused by genetic or environmental causes, however sometimes they occur due to the negligence or malpractice of a doctor. If a doctor fails to detect congenital problems in utero, and then fails not to inform the parents of the condition, parents might be legally able to file a case for wrongful birth seeking compensation for all costs for their child's disabilities.
In order to prevail in a medical negligence case in birth defect cases the plaintiff has to prove that the doctor owed a duty of duty to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly resulted in damage and injuries, and that he or she was a victim of economic and non-economic damages from the injuries. These damages could include medical bills, lost wages and Birth Defect Lawsuit emotional stress.
Certain birth injuries and defects are preventable by prompt testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' recommendations regarding prenatal appointments. If you suspect that medical negligence 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 kind of birth defect within the United States. These defects are of various degrees and impact the way children behave, appear and performs. Some are minor, whereas others can cause serious problems and may even cause death.
The causes of a child's birth defects can be attributed to genetic defects or a variety of chemical and environmental factors. For example exposure to toxic chemicals can cause serious complications for a newborn. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.
It is well-established in scientific research that certain toxins as well as chemicals can pass through the placenta, affecting the unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina bifida.
Many mothers are exposed various toxic chemicals while working. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. Many drugs have not been tested properly on pregnant woman and have caused 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 cause. The presence of numerous toxins and chemical compounds in the home, at work and in food can increase the risk of birth defects. These include pesticides, fungicides, lead, heavy metals, some paints and many other chemical compounds. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.
Researchers are still trying to find the exact cause of a birth defect. It is possible that a mix of factors can trigger the condition. The problem is to evaluate the 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 representative population and follow their progress over time and also their children. This study will provide comprehensive data on how environmental factors affect the health of children and fetuses.
Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the condition, however it is often the case that these kinds of problems are not a choice. Our birth defect lawyers understand this and are committed to families who seek justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be prevented. If your child was born with a medical condition that could have been prevented in the first place, you may be able to claim damages through a birth defect lawsuit.
A New York birth defect lawyer will be able to help you determine if your child's condition is the result of chemical exposure, a drug or any other environmental cause that is eligible for compensation. Your legal team can estimate the total cost of medical expenses associated with your child's condition in relation to the severity.
While the majority of these cases are not the result of medical negligence, there have been cases where a doctor was negligent during or prior to labor and birth. A doctor might incorrectly prescribe a medication which harms a baby before it is born, or they may make a mistake during surgery.
Our birth defect attorneys have successfully litigated allegations that a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chance that she could give birth to a child who has 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.