What NOT To Do With The Birth Defect Litigation Industry
Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it's impossible. If this happens, it's essential that parents who are shocked seek the help of experienced birth defect lawyers.
Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice is when a doctor violates the accepted standard of care in his or her area of expertise. This could include failing to perform routine prenatal testing, prescribing medication that increases the risk of a birth defect or making a misstep during labor and delivery.
Birth defects and birth injuries are usually due to genetic and environmental causes, but occasionally they occur due to a doctor's negligence or malpractice. For instance the case where a doctor fails to detect a congenital disability in utero and then fails to notify the parents of this disability, the parents may bring a wrongful birth claim seeking compensation for the ongoing expenses incurred by the disabled child.
A successful medical malpractice claim in birth defect cases demands that the doctor was obligated to the patient to perform a duty of care, that the physician violated that duty, the doctor's actions or failure to act caused injuries and damages and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include medical bills, lost wages and emotional stress.
Prenatal visits are essential to ensure that pregnant women receive the proper testing and monitoring. If you believe that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.
Toxic Chemicals
In the United States, birth defect lawsuits thousands of babies are born every year with birth defects. These birth defects may be of different severity and affect the way that the child behaves, looks and performs. Some are minor, while others can cause serious problems that may be fatal.
Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental causes. For example, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or medications.
It is well-established in the scientific research that certain toxins and chemicals can enter the placenta and affect the unborn baby. These toxins are teratogenic. Exposure to these chemicals can cause birth defects like Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
While they are working, many mothers are exposed of harmful chemicals. These chemicals can be breathed in or inhaled through the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed to these toxins when they are consuming certain prescription and over-the counter drugs. A lot of pharmaceuticals haven't been properly tested on pregnant women and have resulted in birth defects.
Environmental Exposure
Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's far from the only one. Many different toxins and chemicals found in our homes as well as in food items can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most common. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.
Researchers are unable to pin down exactly what causes a specific birth defect. It is possible that a mix of factors could cause the condition. The problem is to study the effects of these factors in real-time. The National Children's Study is important because it is in progress in a variety of states. The NCS will enroll 100,000 women from a representative populations and will follow their progress over time, as well as their children. This study will provide the most complete information to date on how various environmental factors affect fetal and child health.
Many parents who have a birth defect in their child feel guilty, believing that they were responsible for the defect. However, these birth defects are often unavoidable. Our birth defect lawyers recognize this and are committed to helping families seek justice for children who suffer from birth defects.
Product Liability
Birth problems are 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 born with a medical issue that could have been prevented in the first place, you may be able to recover damages through a birth defect lawsuit.
A New York birth defect attorney will be able help you determine if your child's problem is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's illness the legal team will also be able to calculate the full cost of the associated medical bills that are eligible for compensation.
Although the vast majority are not due to medical negligence There have been instances where a doctor birth Defect lawsuits was negligent prior to or during labor and birth. A doctor might prescribe a medication in a way that can harm a baby before birth, or even make an error in surgery.
Our birth defect lawyers have successfully litigated claims in which a mother’s health care provider was exposed toxic chemicals or prescription drugs which increased the risk that she will give birth to a child with birth defects. We have also filed birth defect lawsuits against companies that expose their workers to harmful substances at work like a paint factory or semiconductor manufacturing companies.