Why Nobody Cares About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect however, sometimes that's not possible. If this happens it is imperative that parents in shock seek the help of experienced birth defect lawyers.
Birth defects and injuries can be caused by medical negligence or drugs that pose a risk, and environmental exposure. A New York birth defects law firm can assist.
Medical Malpractice
When a doctor fails adhere to the accepted standard of practice in their area, it is considered medical malpractice. This could mean not performing prenatal tests or prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.
Birth defects and birth injuries are usually caused by environmental and genetic causes, however, they could also be caused by an error by a doctor. If a doctor fails to detect congenital disabilities in utero and fails to inform the parents they may be legally able to file a case for compensation due to a birth defect for all costs for their child's disabilities.
In order to win a medical malpractice lawsuit in birth defect cases, the plaintiff must prove that the doctor was bound by a duty of duty to the patient, that he failed to fulfill this duty, that his actions or inaction action directly caused damage and injuries, and that he or she suffered economic and noneconomic damages as a result of the injuries. These damages could include medical bills or lost wages, as well emotional stress.
Prenatal visits are crucial to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with some form of birth defect in the United States. These defects vary in severity and impact how a child appears, acts and functions in life. Some are minor while others can cause serious problems and can even be fatal.
Birth defects can result from genetic abnormalities or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for example can trigger serious complications in babies. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.
In the scientific research, it is known that certain chemicals and toxins may cross the placenta to affect an unborn child. These toxins are teratogenic. These teratogenic chemicals can cause birth defects, such as cleft lips, palates and spina bifida.
While working, many mothers are exposed to a variety of harmful chemicals. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) used in the production of semiconductors. These chemicals can also be consumed by parents when they take certain prescription and over-the-counter drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors is also a major cause. Many different toxins and chemicals found in the home, workplace and food could increase the chances of having a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the exact cause of a birth defect. It could be that a combination of factors could cause the condition. The challenge is to assess the effects of these factors in real-time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100 women from the representative population and monitor them and their children for the course of time. This study will provide most comprehensive data on the effects of environmental factors on the health of children and fetuses.
Many parents who are suffering from a child's birth defect are resentful that they have contributed to the problem, but it is the norm that these kinds of issues are a given. Our birth defect lawyers recognize this and are committed to families seeking justice for children suffering from birth defects.
Product Liability
Birth defects can be caused by many causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, most of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided it is possible to get compensation in lawsuits for birth defects.
A New York birth defect lawyer will be able to assist you determine if your child's condition is the result of chemical exposure, a medication or other environmental trigger which is eligible for compensation. Depending on the degree of your child's illness your legal team will be able to estimate the total cost of medical bills that are suitable for compensation.
While the vast majority of birth defects are not caused by medical negligence, there are instances where a healthcare worker has been negligent prior to or during labor and delivery. A doctor may prescribe a medication that causes harm to a baby even before birth, or even make an error in surgery.
Our birth defect lawyers have successfully defended claims against drug manufacturers where a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her having a child born with a birth defect. We also brought birth defect lawsuits against companies that expose employees to dangerous substances in the workplace for example, a paint factory or semiconductor manufacturing company.