Birth Defect Litigation s History History Of Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however, sometimes that's not always possible. If this happens it is imperative that parents in shock seek the help of experienced birth defect lawyers.
Birth problems and injuries can be caused by medical negligence or drugs that pose a risk, and environmental exposure. A New York birth defect law firm can help you get answers.
Medical Malpractice
If a physician fails to follow the accepted standard of practice in his or her field, it's considered medical malpractice. This could include failing to perform prenatal testing or prescribing medications which increase the chance of birth defects or making a mistake during labor and delivery.
Birth defects and birth injuries are usually the result of environmental and genetic factors however, they can also be the result of an error by a doctor. If a doctor fails to detect congenital disabilities during pregnancy, and then fails not to inform parents of the problem they may be in a position to file a lawsuit for wrongful birth seeking compensation for all the costs for their child's disabilities.
To win a medical negligence case in birth defects the plaintiff must demonstrate that the doctor was in breach of a duty of duty to the patient, and that he violated this duty, that his actions or lack of action directly caused damages and injuries and that he suffered economic and deadreckoninggame.com noneconomic damage from the injuries. These damages could include medical expenses as well as lost wages and emotional stress.
Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with some type of birth defect in the United States. These defects can be of varying severity and affect the way that the child behaves, looks and functions. Some are minor while others can cause serious issues and even be fatal.
Birth defects can result from genetic abnormalities or a variety of chemcial or environmental factors. Exposure to harmful chemicals, for example could cause serious problems in the newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or medications.
It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta and affect an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals can cause birth defects, such as Cleft lips and palates, spina bifida and muscular dystrophy.
Many mothers are exposed an array of toxic chemicals while working. These chemicals can be ingested, inhaled or absorbed into the body's skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. These toxic substances can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. A lot of pharmaceuticals haven't been adequately tested on pregnant woman and may cause birth defects.
Environmental Exposure
While genetic disorders are among the most common causes of birth defects, exposure to environmental factors can also be a significant factor. A variety of toxins and chemicals that are present in the home or workplace can increase the chance 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 toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.
Researchers have yet to pinpoint the specific cause of a birth defect. It could be that an interaction between multiple factors may cause the condition, but the difficulty is evaluating these interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enrol 100,000 women from diverse populations as well as follow them and their children for the long term. This study will provide the most complete information to date on how various environmental factors impact fetal as well as child health.
Many parents who have a birth defect in their child are resentful believing that they caused it. However, these defects are often unavoidable. Our birth defect lawyers know this and are committed to families seeking justice for children suffering from birth defects.
Product Liability
Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. However, many of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided, you may be able to claim damages in lawsuits for birth defects.
A New York birth defect attorney can assist you to determine if the condition of your child is due to a medication, chemical or environmental exposure that qualifies for compensation. Depending on the degree of your child's illness your legal team will be able to estimate the full cost of the associated medical expenses that are qualified for compensation.
Although the majority of birth defect law firms defects aren't caused due to medical negligence, there are occasions in which a doctor or healthcare worker has been negligent prior to or during labor and birth. A doctor may prescribe a medication that could harm a baby, even before the birth, or make an error during surgery.
Our birth defect lawyers have successfully brought lawsuits against drug makers when a mother's medical care provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her child developing birth defect. We have also brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers harmful chemicals in the workplace.