20 Myths About Birth Defect Litigation: Busted
Birth Defect Lawsuits
Parents wish their children to be perfect, but sometimes that's not feasible. If this happens, it's important that parents who are shocked seek the help of experienced birth defect lawyers.
Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.
Medical Malpractice
Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to conduct prenatal testing or prescribing drugs that increase the chance of birth defects or making a mistake during labor and birth.
Birth defects and birth injury are usually caused by environmental and genetic factors, however, they can also be the result of the negligence of a doctor. For example, if a physician fails to detect an inborn disability and fails to notify the parents of this disability, the parents may bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.
To win a medical malpractice case in birth defects, the plaintiff must prove that the doctor owed a breach of care to the patient, and that he violated the duty, that his actions or inaction action directly resulted in damages and injuries and that he or she suffered economic and noneconomic damage due to the injuries. These damages could include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the necessary testing and monitoring. If you believe that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can range in severity and affect manner in which a child looks, acts and functions in life. Some are minor, birth defect attorney but others can cause serious issues and may even cause death.
The causes of birth defect law firms defects can stem from genetic disorders or a range of environmental and chemical factors. For instance, birth Defect attorney exposure to toxic chemicals can cause serious health issues for newborns. Our company is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.
In the scientific literature, it is well-established that certain chemicals and toxins can cross the placenta to affect an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects like the cleft lip and palate as well as spina Bifida and muscular dystrophy.
Many mothers are exposed to a wide variety of harmful chemicals when they are working. These chemicals can be inhaled or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvants like ethylene glycol-ethers (EGE), which are used in the fabrication of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription and over-the-counter drugs. Many medications have not been properly 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. A variety of toxins and chemicals found in the home as well as in food items can increase the risk of having a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is often inevitable. But, when businesses fail to protect pregnant employees, they're negligent and could be held accountable.
Researchers are still unable pinpoint exactly what causes a particular birth defect. It is possible that a combination of factors can cause the condition. The challenge is to study the interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative populations and will follow them and their children for the long term. This study will provide the most comprehensive information to date on how different environmental factors impact fetal and child health.
Many parents who suffer from a birth defect in their child feel guilt and believe that they contributed to it. However, these defects are usually unavoidable. Our birth defect attorneys are aware of this and are committed to helping families who have children with birth defects.
Product Liability
Birth defects are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, a lot of these issues can be prevented. If your child was diagnosed with a medical condition that could have been avoided, you may be able to recover damages in a lawsuit for birth defects.
A New York birth defect attorney (Read Homepage) will be able to help you determine if your child's problem is due to a medication, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition your legal team will also be able to determine the full cost of the associated medical expenses that are suitable for compensation.
Although the majority of birth defects aren't caused by medical negligence, there are some instances where a healthcare worker was negligent prior to or during labor and delivery. A doctor may prescribe a medication that injures the baby before it's born, or they may commit a mistake during surgery.
Our birth defect lawyers have successfully prosecuted claims against drug manufacturers in cases where a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her having a child with a birth defect. We also have filed birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to harmful chemicals during their work.