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Birth Defect Lawsuits
Parents want their children perfect but sometimes it's not possible. If this happens it is imperative that stunned parents seek the assistance of experienced birth defect lawyers.
Birth injuries and birth defects could result from medical malpractice, drugs that are dangerous or exposure to environmental toxins. A New York birth defect law firm can help you get answers.
Medical Malpractice
If a physician fails to adhere to the accepted standards of practice in their region, it's deemed medical malpractice. This could include not performing prenatal tests or prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.
Birth birth defects and birth injuries can be the result of genetic and environmental causes, however sometimes they are caused by a doctor's negligence or malpractice. For example, if a physician fails to recognize the presence of a congenital defect in utero and fails to inform parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses incurred by the disabled child.
In order to prevail in a medical malpractice case in birth defects, the plaintiff must prove that the doctor was in breach of a duty of duty to the patient, that he failed to fulfill the duty, that his actions or lack of action directly caused injuries and damages and that the plaintiff suffered economic and noneconomic damage due to the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, birth defect law firm and emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These defects vary in severity and affect the how a child appears, acts and functions in life. Some are minor, while others can cause serious problems and can even be fatal.
The causes of birth defects may be due to genetic anomalies or a wide range of chemical and environmental factors. For example exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.
In scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals can cause birth defects like cleft lips and palates as well as spina bifida, and muscular dystrophy.
Many mothers are exposed to many harmful chemicals when they are working. These chemicals can be ingested, inhaled or absorbed into the skin of the body. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. These toxic substances can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. 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
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only cause. The presence of many different chemicals and toxins at the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is generally inevitable. If businesses fail to protect their pregnant employees, it is negligence and they can be held accountable.
Researchers are still trying to determine the root of the birth defect. It is possible that a combination between a variety of factors could cause the problem, but the issue is assessing the 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 a representative population and follow their progress over time, as well as their children. This study will provide comprehensive information about how environmental factors impact fetal and childhood health.
Many parents who have a birth defect in their child feel guilt and believe that they were responsible for the defect. However, these defects are usually unavoidable. Our birth defect lawyers understand this and are dedicated to helping families seek justice for children suffering from birth defects.
Product Liability
Birth defects can be caused by many factors, ranging from drug or alcohol consumption during pregnancy to genetic. Fortunately, a lot of these causes are preventable. If your child was born with a medical condition that could have been avoided in the first place, you may be able to compensation through a birth defect lawsuit.
A New York birth defect attorney can assist you to determine if your child's problem is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition, your legal team will also be able calculate the full cost of the medical bills suitable for compensation.
Although the vast majority of birth injuries are not the result of medical negligence however, there have been instances where doctors have been negligent during or before labor and delivery. A doctor could incorrectly prescribe a medicine that hurts an infant before it is born, or make an error during surgery.
Our birth defect lawyers have successfully defended claims in which a mother’s health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chances that she would give birth to a child with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers dangerous chemicals at work.