The History Of Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however, sometimes that's not always possible. If that happens, it is essential that parents in shock seek the help of seasoned birth defect lawyers.
Birth problems and injuries can be caused by medical negligence, birth defect lawyer drugs that are dangerous or exposure to environmental toxins. A New York birth defects law firm can help.
Medical Malpractice
Medical negligence occurs when a doctor violates the accepted standard of medical care in their area of expertise. This could include failing to perform routine prenatal tests and prescribing a medication that increases the risk of a birth defect or making a mistake during labor and birth.
Birth defects and birth injuries can be caused by environmental and genetic factors, but they can also be the result of a doctor's negligence. If a doctor fails to detect congenital disabilities in utero, and then fails not to inform parents of the problem of the condition, parents might be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all expenses associated with their disabled child.
A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the doctor violated this duty, the doctor's negligence or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damage as a result of the injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Some birth problems and injuries can be avoided with timely testing and monitoring during pregnancy. It's essential for pregnant women to follow their doctors' advice about prenatal visits. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury attorney immediately.
Toxic Chemicals
Every year, thousands of children are born with a type of birth defect in the United States. These defects can vary in severity and impact how a child appears and behaves throughout life. Some are minor while others can cause serious issues and may even cause death.
Birth problems can be caused by genetic anomalies or a range of chemcial and environmental factors. Exposure to toxic chemicals, for example can trigger serious complications in a newborn. Our firm is committed to holding employers accountable for birth defect lawyer exposure of pregnant women and their newborn babies to harmful substances or drugs.
It is well-established in the scientific research that certain toxins and chemicals can enter the placenta, affecting an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects such as lip clefts, palates, and spina bifida.
While they are working, many mothers are exposed to a variety of harmful chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the production of semiconductors. Parents may also be exposed to these toxins when they are consuming certain prescription and over-the-counter drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of numerous chemicals and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides and pesticides, lead, heavy metals, some paints and many other chemical substances. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are unable to determine exactly what causes the specific birth defect. It is possible that a mix of factors can trigger the condition. The challenge is to evaluate 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 a representative population and monitor their progress over time and their children. This study will provide the most complete data to date about how many environmental factors affect fetal and child health.
Many parents who have a birth defect in their child feel guilty and believe that they were responsible for the defect. However, these defects are usually inevitable. Our birth defect lawyers recognize this and are dedicated to helping families seek justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, a lot of these causes are preventable. If your child was born with a medical condition which could have been prevented or prevented, you could be entitled to claim damages in a birth defect lawsuit.
A New York birth defect lawyer will be able to help you determine whether your child's condition was caused by a medication, chemical exposure or another environmental trigger that is eligible for compensation. Based on the degree of your child's illness the legal team will be able to estimate the total cost of associated medical bills that are qualified for compensation.
While the majority of cases are not the result of medical negligence however, there have been instances where doctors have been negligent prior to or during labor and birth. A doctor may prescribe a medication incorrectly that could harm a baby, even before birth, or make an error in surgery.
Our birth defect lawyers have successfully prosecuted lawsuits against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her having a child born with a birth defect. We have also brought birth defect lawsuits against companies that expose employees to dangerous chemicals in the workplace for example, a paint factory or semiconductor manufacturing company.