This Is The Ultimate Cheat Sheet For Birth Defect Litigation
Birth Defect Lawsuits
Parents wish their children to be perfect, but in some cases that's not feasible. If this happens, it's important that parents who are stunned seek the assistance of a seasoned birth defect lawyers.
Birth injuries and birth defects can be caused by medical malpractice and dangerous drugs as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.
Medical Malpractice
When a doctor fails adhere to the accepted standard of practice in their region, it's deemed medical malpractice. This might involve failing to perform routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect or making a mistake during labor and birth.
Birth defects and birth injuries are usually caused by environmental and genetic factors, but they can also be a result of the negligence of a doctor. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to inform parents of the problem they may be able to file a claim for compensation in the event of a wrongful birth. for all expenses associated with their disabled child.
A successful medical malpractice claim in birth defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's negligence or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damage as a result of the injuries. These damages could include costs of medical bills lost wages as well as pain and suffering and emotional distress.
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 the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with a type of birth defect in the United States. These defects can be of various severity and impact the way a child acts, looks and functions. Some are minor while others can cause serious problems and can even be fatal.
Birth birth defects can be caused by genetic anomalies or a range of chemcial and environmental factors. For example exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to holding employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.
In the scientific literature, it is established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects like cleft lips, palates and spina bifida.
While working, many mothers are exposed to a range of toxic chemicals. These chemicals can be consumed or inhaled through the skin of the body. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) that are used in the manufacture of semiconductors. These toxic substances can also be consumed by parents when they consume certain prescription and over-thecounter medicines. Many pharmaceuticals have not been properly tested on pregnant woman and have led to 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 chemical compounds and toxins in the home, at work and in food items can increase the risk of developing birth defects. These include pesticides, fungicides lead, heavy metals, certain paints and many other chemical substances. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that a variety of factors could cause the condition. The challenge is to evaluate the interactions in real-time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100,000 women from representative population and monitor them throughout their lives, as well as their children. This study will provide comprehensive information about how environmental factors impact the health of infants and children.
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 usually unavoidable. Our birth defect attorneys are aware of this and are committed to helping families with children with birth defects.
Product Liability
Many birth defects result from a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was diagnosed with a medical issue that could have been prevented or prevented, you might be able to get compensation in lawsuits for birth defects.
A New York birth defect lawyer can help you determine if your child's illness is caused by chemical exposure, a medication or any other environmental cause that is a reason to seek compensation. Based on the severity of your child's health condition your legal team will also be able calculate the total cost of medical bills that are suitable for compensation.
Although the majority of birth defects are not caused by medical negligence, there are cases in which a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor may prescribe a medication incorrectly that could harm a baby, even before birth, or make an error during surgery.
Our birth defect attorneys have successfully litigated allegations that a mother's health care provider was exposed to toxic chemicals or prescription drugs which increased the chance that she would give birth to a child with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers harmful chemicals when they work.