15 Trends To Watch In The New Year Birth Defect Litigation
birth defect lawsuit Defect Lawsuits
Parents want their children to be perfect, but at times that's not possible. If this happens, it's vital that parents who are stunned seek the assistance of experienced birth defect lawyers.
Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical negligence occurs when a doctor does not adhere to the accepted standards of medical care in their field. This may include failing to conduct prenatal testing or prescribing medications that increase the likelihood of birth defects or committing an error during labor and delivery.
Birth defects and birth injury are usually the result of environmental and genetic factors, however, they can also be the result of the negligence of a physician. For example when a doctor is unable to identify a congenital disability in utero and then fails to notify parents of the disability, the parents can file a wrongful birth claim seeking compensation for the ongoing costs associated with the disabled child.
To win a medical malpractice claim in birth defects the plaintiff has to prove that the doctor was bound by a duty of care to the patient, and that he violated the duty, and that his actions or inaction action directly triggered damages and injuries, and that the plaintiff suffered economic and non-economic losses as a result of the injuries. These damages could include medical bills and lost wages, as well as emotional stress.
Prenatal visits are crucial to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, Birth Defect Law Firm you should contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect in the United States. These birth defects can be of various severity and impact the way a child acts, looks and performs. Some are minor, while others can cause serious issues and even lead to death.
Birth defects can result from genetic anomalies or a range of environmental and chemcial factors. For example, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or drugs.
It is well-established in scientific literature that certain toxins and chemicals can cross the placenta and harm the unborn baby. These toxins are called teratogenic. Exposure to these teratogenic chemicals could cause birth defects, such as the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed to a wide variety of toxic chemicals while they are at work. These chemicals can be ingested or inhaled, or absorbed by the skin of the body. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents may also be exposed to these toxins when they are consuming certain prescription or over-the-counter medications. Many pharmaceuticals have not been tested properly on pregnant woman and have caused birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only reason. Numerous different chemicals and toxins that are found in the home, workplace and food can increase the chance of a birth defect. Pesticides and fungicides are among the most common. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. But, when businesses do not take precautions to protect pregnant employees they're negligent and may be held responsible.
Researchers are unable to pinpoint exactly what causes a specific birth defect. It could be that a combination of factors can cause the condition. The trick is to evaluate the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enrol 100,000 women from a variety of populations as well as follow them and their children for the long term. This study will provide most complete information on how environmental factors impact the health of children and fetuses.
Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the condition, but it's often the case that these kinds of issues are inevitable. Our birth defect lawyers understand this and are dedicated in helping families who have children who have birth defects.
Product Liability
Many birth defects result from a variety of factors ranging from drug and birth defect law firm alcohol use during pregnancy to genetics. Fortunately, the majority of these issues can be prevented. If your child was born with a medical condition that could have been avoided or prevented, you could be entitled to claim damages in an action for birth defects.
A New York birth defect lawyer will be able to help you determine whether your child's illness is caused by chemical exposure, a drug or another environmental trigger that could be eligible for compensation. Depending on the severity of your child's health condition, your legal team will also be able calculate the full cost of the associated medical bills that are eligible for compensation.
While the vast majority of birth defects are not caused by medical negligence, there are occasions when a healthcare worker was negligent prior to or during labor and birth. A doctor could prescribe a medicine incorrectly, which harms a baby even before birth, or even make an error in surgery.
Our birth defect lawyers have successfully pursued lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her having a child born with a birth defect. We have also brought birth defect lawsuits against companies that expose workers to harmful substances at work for example, a paint factory or semiconductor manufacturing company.