10 Quick Tips About Birth Defect Litigation
Birth Defect Lawsuits
Parents wish their children to be perfect, but sometimes that's not possible. If this happens, it's crucial parents who are shocked seek out the help of experienced birth defects lawyers.
Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.
Medical Malpractice
If a doctor does not adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This could be due to failing to conduct prenatal testing or prescribing medications that increase the chance of birth defects or committing an error during labor and delivery.
Birth defects and birth injuries are usually caused by genetic and environmental factors, but sometimes they are caused by an error or negligence of a physician. If a doctor fails detect congenital defects in utero and fails to notify parents of the condition, parents might be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all costs associated with their disabled child.
In order to prevail in a medical negligence case in birth defects, the plaintiff must prove that the doctor was bound by a duty of care to the patient, and that he violated that duty, that his actions or lack of action directly led to injuries and damages and that the patient was a victim of economic and non-economic damages as a result of the injuries. These damages could include medical bills or lost wages, as well emotional distress.
Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy. It's crucial for pregnant women to follow their doctors' recommendations regarding their prenatal visits. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born every year with birth defects. These defects can vary in severity and affect way a child looks, acts and functions in life. Some are minor and others can lead to serious problems that may be fatal.
The causes of birth defects may be due to genetic defects or a range of chemical and environmental factors. For instance exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or drugs.
It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta and harm an unborn baby. These toxins are known as teratogenic. Exposure to these teratogenic chemicals may cause birth defects like cleft lips and palates, spina bifida and muscular dystrophy.
Many mothers are exposed to various toxic chemicals when they are working. These chemicals can be inhaled, inhaled or absorbed through the body's skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. These contaminants can also be ingested by parents while they are taking certain over-the counter and prescription drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been demonstrated to cause 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. The presence of many different chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Paints, heavy metals, 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 is possible that an interaction between multiple factors may cause the condition, but the problem is assessing these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a representative population and track them throughout their lives and their children. This study will provide the most complete information to date on how many environmental factors influence fetal and child health.
Many parents suffering from a birth defect in their child feel guilty that they may have contributed to the condition, however it is the norm that these types of defects are unavoidable. Our birth defect lawyers recognize this and are committed to families who seek justice for children suffering from birth defects.
Product Liability
Many birth defects are caused by a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was born with a medical condition that could have been avoided, you may be entitled to compensation through an action for birth defects.
A New York birth defect attorney can assist you to determine if your child's problem is due to a medication, birth defects chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition the legal team will also be able to calculate the full cost of the medical bills qualified for compensation.
Although the majority of birth defects are not caused due to medical negligence, there are cases in which a doctor or healthcare worker was negligent before or during labor and delivery. A doctor might prescribe a medication incorrectly that causes harm to a baby even before birth, or may make an error in surgery.
Our birth defect lawyers have successfully pursued claims against drug manufacturers when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her child developing birth defects. We have also filed birth defect lawsuits against companies that expose workers to hazardous substances in the workplace, such as a paint factory or Birth Defects semiconductor manufacturing company.