The Most Pervasive Problems In Birth Defect Litigation
Birth Defect Lawsuits
Parents would like their children to be perfect, but in some cases that's not feasible. If this happens, it's essential that parents who are shocked seek out the help of experienced birth defect lawyers.
Birth problems and injuries can be caused by medical negligence or drugs that pose a risk or exposure to environmental toxins. A New York birth defects law firm can help.
Medical Malpractice
Medical malpractice occurs when a doctor violates the accepted standard of medical care in their field. This may include failing to perform prenatal screening, prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.
Birth defects and birth defect attorneys injuries are often caused by environmental and genetic factors but they can also be the result of the negligence of a doctor. If a physician fails to detect congenital disabilities in utero and fails to inform parents, the parents may be legally able to file a case for compensation due to a birth defect for all the expenses that are associated with their disabled child.
A successful medical malpractice claim in birth defect cases must prove that the doctor owed the patient a duty of care, that the doctor did not fulfill this duty, that the doctor's negligence or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic losses due to the injuries. These damages could include expenses of medical bills, lost wages, pain and suffering, and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the proper tests and monitoring. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with some type of birth defect in the United States. These birth defects are of various degrees and impact the way the child behaves, looks and performs. Some are minor while others can cause serious issues and even be fatal.
The causes of a child's birth defects may be due to genetic anomalies or a wide variety of chemical and environmental factors. Exposure to harmful chemicals, for example could cause serious problems in the infant. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or drugs.
It is well-established in scientific research that certain toxins and chemicals can cross the placenta and affect an unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals can cause birth defects like cleft lips, palates and spina Bifida.
While they are working, many mothers are exposed a variety of harmful chemicals. These chemicals can be consumed, inhaled or absorbed through the skin of the body. These chemicals include industrial solvents such as EGE or ethylene glycol (EGE) used in the production of semiconductors. These toxins can also be ingested by parents when they take 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 common causes of birth defects, environmental exposure can also play a role. The presence of various toxins and chemical compounds in the home, at work and in food items can increase the risk of birth defects. These include fungicides, pesticides and lead, as well as heavy metals, some paints and other chemical compounds. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers are still unable pin down exactly what causes a specific birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the problem is evaluating these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enrol 100,000 women from representative populations and follow them and their children for the long term. This study will provide most comprehensive data on how environmental factors affect the health of children and fetuses.
Many parents who suffer from a birth defect in their child are resentful and believe that they caused it. However, these issues 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 defects can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue which could have been prevented in the first place, you may be able to recover damages through a birth defect lawsuit.
A New York Birth defect attorney (Zimbra.tensoft.kr) will be able to help you determine if your child's problem is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's illness your legal counsel will be able to estimate the full cost of the associated medical bills that are suitable for compensation.
Although the vast majority are not caused due to medical negligence There have been instances in which a doctor was negligent during or before labor and delivery. A doctor might incorrectly prescribe a medication that injures the baby before it's born, or make an error during surgery.
Our birth defect lawyers have successfully brought claims against drug manufacturers in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child born with a birth defect. We have also filed birth defect lawsuits against companies who expose workers to harmful substances on the job in a paint factory or semiconductor manufacturing company.