Birth Defect Litigation s History History Of Birth Defect Litigation
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 out the help of experienced birth defects lawyers.
Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical malpractice occurs when a physician violates the accepted standard of care in his or her area of expertise. This may include failing to conduct prenatal testing, prescribing medications that increase the chance of birth defects or making a mistake during labor or delivery.
Birth defects and birth injuries can be due to genetic and environmental factors, but sometimes they are the result of a doctor's negligence or malpractice. For instance in the event that a physician does not recognize an inborn disability and fails to notify parents of the impairment, parents can make a claim for wrongful birth seeking compensation for the ongoing expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the doctor violated this duty, the doctor's negligence or failure to act directly led to injuries and damages and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages could include medical expenses or lost wages, as well emotional distress.
Prenatal visits are essential to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These birth defects are of various degrees and impact the way children behave, appear and functions. Some are minor, whereas others can cause serious problems and even lead to death.
The causes of a child's birth defects can be attributed to genetic anomalies or a wide range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious complications for newborns. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn children to harmful substances or drugs.
In the scientific literature, it is established that certain chemicals and toxins can cross the placenta to affect an unborn child. These chemicals 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 or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. These chemicals can also be consumed by parents when they take certain prescription or over-the-counter medications. Many drugs have not been adequately tested on pregnant woman and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. Numerous different chemicals and toxins that are present in the home workplace, food and work environment can increase the risk of a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant workers they are negligent and can be held responsible.
Researchers are still trying to find the exact cause of a birth defect. It is possible that an interaction between several factors can cause the condition, but the problem is evaluating the effects of these interactions in real time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from representative population and monitor them over time as well as their children. This study will provide the most comprehensive data to date on how a variety of environmental factors impact fetal and child health.
Many parents suffering from a birth defect in their child are resentful that they have contributed to the problem, but it's often the case that these kinds of defects are a given. Our birth defect attorneys are aware of this and are committed to helping families who have children who have birth defects.
Product Liability
Birth problems can be caused by many causes, Birth Defect Lawsuit ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, a lot of these issues can be prevented. If your child was born with a medical condition that could have been prevented in the first place, you may be able to claim damages through a birth defect lawsuit.
A New York birth defect lawyer can help you determine whether your child's illness is caused by an exposure to chemicals, medication or another environmental trigger which is eligible for compensation. Your legal team will calculate the total cost of medical expenses that are related to your child's illness depending on the severity.
While the vast majority of birth defects aren't caused due to medical negligence, there are some instances where a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor may prescribe a medication incorrectly that can harm a baby before birth, or make an error during surgery.
Our birth defect lawyers have successfully prosecuted cases against drug companies in which a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her having a child born with birth defect. We have also brought birth defect lawsuits against companies who expose workers to hazardous substances in the workplace in a paint factory or semiconductor manufacturing companies.