Three Greatest Moments In Birth Defect Litigation History
Birth Defect Lawsuits
Parents wish their children to be perfect, but at times that's impossible. If this happens it is crucial that parents who are in shock seek the help of seasoned 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 assist you in getting answers.
Medical Malpractice
Medical malpractice occurs when a physician does not adhere to the accepted standards of medical care in their field. This could include failing to perform prenatal screening and prescribing medicines which increase the chance of birth defects, or making an error during labor and delivery.
Birth birth defects and birth injuries can be caused by genetic or environmental factors, but sometimes they arise due to medical negligence or malpractice. For instance the case where a doctor is unable to identify an inborn disability and fails to notify the parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.
A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the doctor violated that duty, the doctor's actions or failure to act caused injuries and damages and that the victim suffered economic and non-economic damage as a result of the injuries. These damages could include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.
Certain birth injuries and defects are preventable with timely testing and monitoring during pregnancy. Therefore, birth defect law firm it's essential for pregnant women to adhere to their doctor's recommendations regarding prenatal appointments. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury attorney immediately.
Toxic Chemicals
In the United States, thousands of babies are born each year with a birth defect. These birth defects can vary in severity and affect the how a child appears, behaves and performs in life. Some are minor, but others can cause serious issues that could be fatal.
The causes of birth defects can be attributed to genetic abnormalities or a variety of chemical and environmental factors. Exposure to toxic chemicals, for instance causes serious complications in the newborn. Our company is committed to holding employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.
It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta, affecting an unborn baby. These toxins are known as teratogenic. Teratogenic chemicals can cause birth defects such as lip clefts, palates, and spina bifida.
Many mothers are exposed to many toxic chemicals when they are working. These chemicals can be consumed, inhaled or absorbed into the body's skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the production of semiconductors. These toxic substances can also be consumed by parents when they consume certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been properly tested on pregnant women and have resulted in birth defects.
Environmental Exposure
While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also play a role. Numerous different chemicals and toxins that are found in the home workplace, food and work environment can increase the chance of a birth defect. This includes fungicides and pesticides lead, heavy metals, certain paints, and various chemical substances. Exposure to toxic substances is nearly always inevitable. However, when companies do not take precautions to protect pregnant employees they are negligent and could be held responsible.
Researchers are still unable to identify the exact cause of the birth defect in a specific way. It could be that a combination of factors can cause the condition. The next step is to study 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 and their children for the long term. This study will provide comprehensive data on the effects of environmental factors on the health of children and fetuses.
Many parents who suffer from a birth defect in their child are resentful because they believe they were responsible for the defect. But, these problems are usually unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families with children who have birth defects.
Product Liability
Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these issues can be prevented. If your child was born with a medical issue that could have been avoided, you may be entitled to compensation through an action for birth defects.
A New York birth defect attorney will be able to help you determine if your child's condition is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. Depending on the severity of your child's health condition the legal team will also be able to determine the total cost of associated medical expenses that are suitable for compensation.
While the majority of these cases are not due to medical negligence There have been instances where doctors have been negligent during or prior to labor and delivery. A doctor could prescribe a medication that causes harm to a baby even before birth, or may make an error in surgery.
Our birth defect lawyers have successfully brought cases against drug companies in which a mother's health care provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her child being born with birth defects. We have also filed birth defect lawsuits against companies that expose employees to dangerous substances while working, such as a paint factory or semiconductor manufacturing companies.