"Ask Me Anything:10 Answers To Your Questions About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however, sometimes that's not always possible. When this happens, it's essential parents who are shocked seek out the help of experienced birth defects lawyers.
Birth problems and injuries can be caused by medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can help you get answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standard of practice in his or her region, it's deemed medical malpractice. This could mean failing to conduct routine prenatal testing, prescribing medication that increases the risk of a birth defect or committing a lapse during the labor and delivery.
Birth defects and birth injuries can be the result of genetic and environmental factors, but sometimes they are caused by the negligence or malpractice of a doctor. If a doctor fails detect congenital disabilities in utero, and then fails not to inform parents, the parents may be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all expenses that are associated with their disabled child.
To prevail in a medical negligence case in birth defects the plaintiff has to prove that the doctor was bound by a duty of care to the patient, and that he did not fulfill the duty, and that his actions or inaction action directly led to injuries and damages and that the plaintiff suffered economic and noneconomic damages as a result of the injuries. These damages could include medical expenses as well as lost wages and emotional stress.
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 due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect the manner in which a child looks and behaves throughout life. Some are minor, while others can cause serious issues that could be fatal.
The causes of birth defects can stem from genetic anomalies or a wide range of environmental and chemical factors. For instance exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed in making employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.
In the scientific literature, it is established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These toxins are called teratogenic. Teratogenic chemicals can cause birth defects like lip clefts, palates, and spina Bifida.
Many mothers are exposed to many toxic chemicals when they are working. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE), which are used in the production of semiconductors. Parents may also be exposed to these toxins when they are consuming certain prescription and over-the counter drugs. Many drugs have not been tested properly on pregnant woman and have resulted in birth defects.
Environmental Exposure
While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors can also play a role. Many different 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. However, if companies fail to protect pregnant employees, they are negligent and can be held accountable.
Researchers aren't able to determine exactly what causes the birth defect in a specific way. It is possible that an interaction between a variety of factors could cause the condition, but the problem is evaluating the effects of these interactions in real time. The National Children's Study is important because it is now underway in a number of states. The NCS will enrol 100,000 women from diverse populations and monitor them and their children over the long-term. This study will provide complete information on how environmental factors impact the health of infants and birth defect law firm children.
Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it is the norm that these kinds of issues are a given. Our birth defect lawyers are aware of this and are committed to helping families seek justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. However, many of these causes are preventable. If your child was born with a medical condition which could have been prevented and you are entitled to recover damages through an action for birth defects.
A New York birth defect attorney can help you determine if your child's condition is caused by an illness, chemical or environmental exposure that is eligible for compensation. Based on the severity of your child's health condition the legal team will be able to estimate the total cost of medical bills admissible for compensation.
While the vast majority of birth defects are not caused due to medical negligence, there are some instances in which a doctor or healthcare worker was negligent prior to or during labor and delivery. A doctor might incorrectly prescribe a medication which harms a baby before it is born, or make a mistake during surgery.
Our birth defect attorneys have successfully pursued cases where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she will give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies who expose workers to dangerous chemicals at work for example, a paint factory or semiconductor manufacturing company.