10 Times You ll Have To Be Aware Of Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect however, sometimes that's impossible. When that becomes a reality, it is essential that stunned parents seek the help of experienced birth defect lawyers.
Birth injuries and birth defects could be caused by medical negligence or drugs that pose a risk and exposure to environmental factors. A New York birth defect law firm can provide answers.
Medical Malpractice
When a doctor fails to follow the accepted standard of practice in his or her area, it is considered medical malpractice. It could be a failure to perform routine prenatal testing and prescribing a medication that increases the risk of a birth defect, or making a mistake during labor and delivery.
Birth defects and birth injuries are often caused by genetic or environmental factors, but sometimes they are the result of the negligence or malpractice of a doctor. For instance, if a physician does not recognize an inborn disability and fails to notify parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for the ongoing costs associated with the disabled child.
A successful medical malpractice claim in birth defect cases must prove that the doctor has a responsibility to the patient of care, that the doctor violated this duty, the doctor's negligence or failure to act directly caused 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 costs of medical bills lost wages as well as pain and suffering and emotional distress.
Certain birth injuries and defects are preventable through timely testing and monitoring during pregnancy. Therefore, it's vital for pregnant women follow their doctors' recommendations regarding their prenatal visits. If you suspect that medical malpractice caused the birth defect of your child Contact a medical negligence and birth injury lawyer as soon as you can.
Toxic Chemicals
In the United States, thousands of babies are born each year with a birth defect. These birth defects can be of varying severity and affect the way that children behave, appear and performs. Some are minor while others can cause serious problems that may be fatal.
The reasons for a child's birth defects could be due to genetic abnormalities or a range of environmental and chemical factors. For example exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful substances or medications.
It is well-established in the scientific studies that certain toxicants and chemicals can cross the placenta, affecting an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects such as cleft lips, palates and spina Bifida.
While they are working, many mothers are exposed to a variety of harmful chemicals. These chemicals can be consumed, inhaled or absorbed into the body's skin. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs aren't adequately tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure is also a major cause. Numerous different chemicals and toxins that are found in the home, workplace and food can increase the chance of having a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. However, if companies fail to protect pregnant employees, they are negligent and could be held responsible.
Researchers are still trying to find the precise cause of a birth defect. It is possible that a variety of factors can cause the condition. The challenge is to analyze these interactions in real-time. The National Children's Study is important because it is in progress in a variety of states. The NCS will enroll 100,000 women from a representative populations and will follow their progress over time, as well as their children. 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 suffer from a birth defect in their child are resentful, believing that they were responsible for the defect. However, these issues are often unavoidable. Our birth defect lawyers are aware of this and are committed to families seeking justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by a variety factors, ranging from drug or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue which could have been prevented, you may be entitled to claim damages through a birth defect lawsuit.
A New York birth defect lawyer will be able to assist you determine if your child's illness is caused by an exposure to chemicals, medication or other environmental factor that could be eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills for your child's condition depending on the severity.
While the majority of these cases are not the result of medical negligence, there have been cases where a doctor has been negligent during or prior to labor and birth. A doctor could incorrectly prescribe a medication which harms a baby before it is born, or commit a mistake during surgery.
Our birth defect attorneys have successfully pursued cases where a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the risk that she would give birth to a child who has birth defects. We have also filed birth defect lawsuits against companies that expose workers to dangerous chemicals while working like a paint factory or semiconductor manufacturing companies.