20 Myths About Birth Defect Litigation: Busted
Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes it's not feasible. If that happens, it is essential that parents in shock seek the help of experienced birth defect lawyers.
Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide answers.
Medical Malpractice
When a doctor fails adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This could mean failing to conduct routine prenatal tests and prescribing a medication that increases the likelihood of birth defect or making a mistake during the birth and delivery.
Birth defects and birth injuries are typically caused by genetic and environmental causes, but occasionally they are caused by an error or negligence of a physician. If a physician fails to detect congenital disabilities during pregnancy and fails to inform parents of the problem they may be able to file a claim for compensation due to a birth defect for all costs that are associated with their disabled child.
In order to win a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of duty to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly triggered damages and injuries and that he suffered economic and noneconomic damage due to the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.
Certain birth defects and injuries are preventable through timely testing and monitoring during pregnancy, which is why it's vital for pregnant women follow their doctors' advice about prenatal visits. If you suspect that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects can vary in severity and affect way a child looks and behaves throughout life. Some are minor, while others can cause serious issues and may even cause death.
The reasons for a child's birth defects can be attributed to genetic anomalies or a wide range of chemical and environmental factors. For instance, exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.
It is well-established in scientific research that certain toxins as well as chemicals can pass through the placenta and harm an unborn baby. These chemicals are referred to as teratogenic. The exposure to these chemicals can cause birth defects such as the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.
While working, mothers are exposed of toxic chemicals. These chemicals can be breathed in or inhaled through the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the manufacturing of semiconductors. These toxins can also be ingested by parents who take certain prescription or over-the-counter medications. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, environmental exposure is also a major cause. Many different toxins and chemicals that are present in the home, workplace and food can increase the likelihood of having a birth defect. These include pesticides, fungicides lead, heavy metals, certain paints, and many other chemical substances. Exposure to toxic substances is nearly always inevitable. But, when businesses fail to protect pregnant employees, they are negligent and can be held accountable.
Researchers aren't able to identify the exact cause of a particular birth defect. It could be that an interaction between several factors can cause the problem, but the issue is assessing the effects of these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow them throughout their lives and also their children. This study will provide the most complete information to date on how a variety of environmental factors influence fetal and child health.
Many parents who have a birth defect in their child are resentful and believe that they were responsible for the defect. But, these problems are usually inevitable. Our birth defect attorneys understand this and are dedicated in helping families who have children with birth defects.
Product Liability
Birth problems can be caused by a variety causes, ranging from drugs or alcohol use during pregnancy to genes. However, many of these issues can be prevented. If your child was born with a medical issue that could have been prevented in the first place, you may be able to compensation through a birth defect lawsuit.
A New York birth defect attorney can assist you to determine if your child's problem is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical bills that are related to your child's illness in relation to the severity.
While the majority of these cases are not due to medical negligence There have been instances where doctors have been negligent during or before labor and birth. A doctor might incorrectly prescribe a medication that injures the baby before it is born, or they may make a mistake during surgery.
Our birth defect lawyers have successfully pursued lawsuits against drug companies when a mother's medical care provider has been exposed to prescription drugs or birth defect law firm toxic chemicals that increase the chance of her having a child born with a birth defect. We have also filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to toxic chemicals while at work.