15 Hot Trends Coming Soon About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect, but that's sometimes not always possible. If this happens, it's essential that parents who are shocked seek the help of experienced birth defect lawyers.
Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their field. This may include failing to perform prenatal testing, prescribing medications that increase the chance of birth defects, or birth defect law firm making an error during labor and birth.
Birth defects and birth injuries are often caused by environmental and genetic factors, but they can also be a result of the negligence of a doctor. For instance, if a physician does not recognize an inborn disability and fails to inform the parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases demands that the doctor was obligated to the patient to perform a duty of care, that the doctor birth defect law firm did not fulfill this duty, that the doctor's actions, or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include medical bills, lost wages and emotional distress.
Prenatal visits are important to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury attorney immediately.
Toxic Chemicals
Every year thousands of children are born with a kind of birth defect in the United States. These birth defects are of various degrees and affect the way that the child behaves, looks and performs. Some are minor while others can lead to serious issues that could be fatal.
Birth defects can result from genetic disorders or a variety of chemcial or environmental factors. Exposure to harmful chemicals, for example can trigger serious complications in a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or drugs.
In the scientific literature, it is established that certain chemicals and toxins can traverse the placenta to affect the unborn child. These chemicals are teratogenic. Exposure to these teratogenic chemicals can cause birth defects like cleft lips and palates, spina bifida and muscular dystrophy.
While they are working, many mothers are exposed of toxic chemicals. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These toxic substances can also be consumed by parents while they are taking certain prescription and over-the-counter drugs. Many medications have not been properly tested on pregnant women and may cause birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, environmental exposure can also play a role. The presence of many different chemicals and toxins at the home, at work and in food can increase the risk of developing birth defects. These include pesticides, fungicides, lead, heavy metals, certain paints and many other chemical compounds. Exposure to these toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers are still trying to find the root of the birth defect. It is possible that a combination between multiple factors may cause the problem, but the issue is assessing the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from representative populations and will follow them and their children over the long term. This study will provide the most comprehensive information about the effects of environmental factors on the health of children and fetuses.
Many parents who suffer from a birth defect attorney defect in their child feel guilt, believing that they contributed to it. But, these problems are usually inevitable. 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 genes. Fortunately, most of these causes can be avoided. If your child was born with a medical issue which could have been prevented in the first place, you may be able to claim damages in an action for birth defects.
A New York birth defect lawyer can assist you determine whether your child's condition was caused by chemical exposure, a drug or any other environmental cause that is eligible for compensation. Your legal team can calculate the total cost of medical expenses for your child's condition according to the severity.
Although the majority of birth defects are not caused by medical negligence, there are some instances in which a doctor or healthcare worker was negligent prior to or during labor and delivery. A doctor may prescribe a medication which harms the baby before it's born, or they may make an error during surgery.
Our birth defect attorneys have successfully pursued cases where a mother's health care provider was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she would give birth to a child with birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers hazardous substances when they work.