Birth Defect Litigation s History History Of Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect, but that's sometimes not always possible. If this happens, it's vital that parents who are shocked seek out the help of experienced birth defect lawyers.
Medical negligence, dangerous medications, 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
If a physician fails to adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This could mean failing to perform prenatal testing and prescribing medicines that increase the chance of birth defects or making a mistake during labor or delivery.
Birth defects and birth injuries are typically due to genetic and environmental causes, however sometimes they arise due to medical negligence or malpractice. If a physician fails to detect congenital problems in utero, and then fails not to inform parents of the problem, the parents may be legally able to file a case for compensation due to a birth defect for all the expenses that are associated with their disabled child.
A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the physician violated this duty, the doctor's negligence or failure to act caused injuries and damages, and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages could include medical expenses or lost wages, as well emotional distress.
Certain birth injuries and defects are preventable by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you believe that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These defects vary in severity and impact the way a child looks, acts and functions in life. Some are minor and others can cause serious problems that may be fatal.
The reasons for a child's birth defects may be due to genetic defects or a range of environmental and chemical factors. Exposure to toxic chemicals, for example, can cause serious complications in the newborn. Our firm is committed in bringing employers to account when they expose pregnant mothers or their unborn babies to harmful drugs or substances.
In scientific literature, it has been established that certain chemicals and toxins can be transmitted through the placenta, affecting the unborn child. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals may cause birth defects, such as the cleft lip and palate as well as spina Bifida and muscular dystrophy.
Many mothers are exposed many toxic chemicals when they are at work. These chemicals can be inhaled or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may also be exposed chemicals when they consume certain prescription and over-the counter drugs. Many pharmaceuticals have not been properly tested on pregnant women and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors can also be a significant factor. Many different chemicals and toxins that are present in the home workplace, food and work environment can increase the chance of having a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.
Researchers are still unable to determine exactly what causes a specific birth defect. It is possible that a combination of factors can cause the condition. The challenge is to assess the effects of these factors in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from a variety of populations and monitor them and their children over the course of time. This study will provide the most complete data available on how various environmental factors affect fetal and child health.
Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the problem, but it's usually the case that these kinds of problems are inevitable. Our birth defect lawyers are aware of this and are committed to families seeking justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genetic. Fortunately, most of these causes can be avoided. If your child was diagnosed with a medical issue that could have been avoided, you may be able to claim damages in an action for birth defects.
A New York birth defect attorney can help you determine if your child's condition is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical expenses related to your child's condition based on the severity.
Although the majority of birth defects are not caused due to medical negligence, there are instances where a healthcare worker was negligent prior to or during labor and delivery. A doctor may prescribe a medication in a way that can harm a baby before the birth, or make an error birth defect law firm in surgery.
Our birth defect lawyers have successfully pursued claims against drug manufacturers in which a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her child being born with birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers harmful chemicals in the workplace.