Why The Biggest "Myths" About Birth Defect Litigation May Actually Be Right
Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's not possible. When that becomes a reality it is imperative that stunned parents seek out the assistance of skilled birth defect lawyers.
Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you find answers.
Medical Malpractice
If a physician fails to follow the accepted standard of practice in their field, it's considered medical malpractice. This could mean failing to conduct routine prenatal testing, prescribing medication that increases the likelihood of birth defect, or making a mistake during the birth and delivery.
Birth defects and birth injury are often caused by environmental and genetic factors, however, they can also be caused by the negligence of a physician. If a doctor fails detect congenital disabilities during pregnancy, and then fails not to inform the parents of the condition, parents might be legally able to file a case for compensation in the event of a wrongful birth. for all the expenses for their child's disabilities.
In order to win a medical malpractice lawsuit in birth defects the plaintiff must show that the doctor was in breach of a duty of care to the patient, and that he did not fulfill this duty, that his actions or lack of action directly caused damages and injuries, and that the patient suffered economic and noneconomic damages from the injuries. These damages could include medical expenses as well as lost wages and emotional distress.
Some birth injuries and defects can be prevented through timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to follow their doctors' advice regarding prenatal appointments. If you believe that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.
Toxic Chemicals
Every year thousands of children are born with a kind of birth defect within the United States. These birth defects can vary in severity and impact manner in which a child looks and behaves throughout life. Some are minor, while others can cause serious problems and may even cause death.
The reasons for a child's birth defects may be due to genetic anomalies or a wide variety of chemical and environmental factors. Exposure to toxic chemicals, for instance can trigger serious complications in the newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or drugs.
In scientific literature, it has been established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals can cause birth defects, such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.
Many mothers are exposed to an array of harmful chemicals when they are at work. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the production of semiconductors. Parents may also be exposed toxins when they are consuming certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also play a role. The presence of many different chemicals and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. These include fungicides, pesticides and lead, as well as heavy metals, some paints and many other chemical compounds. Exposure to these toxic substances is almost always inevitable. However, if companies fail to protect pregnant employees, they're negligent and may be held responsible.
Researchers are still unable identify the exact cause of a particular birth defect. It could be that an interaction between multiple factors may cause the condition, but the difficulty is evaluating the 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 enroll 100,000 women from representative population and track them throughout their lives as well as their children. This study will provide the most comprehensive data to date on how different environmental factors influence fetal and child health.
Many parents who have a birth defect in their child are resentful because they believe they caused it. However, these issues are usually unavoidable. Our birth defect lawyers are aware of this and are dedicated in helping families with children with birth defects.
Product Liability
Birth defects are caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, a lot of these issues can be prevented. If your child was diagnosed with a medical issue that could have been avoided, you may be able to claim damages in lawsuits for birth defects.
A New York birth defect attorney can help you determine if your child's problem is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition the legal team will also be able calculate the total cost of medical bills admissible for compensation.
While the majority of cases are not caused due to medical negligence, there have been cases in which a doctor was negligent prior to or during labor and birth. A doctor might prescribe a medicine incorrectly, which can harm a baby before birth, or may make an error in surgery.
Our birth defect lawyers have successfully litigated claims where a mother's health care provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child who has birth defects. We also brought birth Defect lawsuits (Ongolzin.woobi.co.Kr) against companies that expose workers to hazardous substances in the workplace, birth defect lawsuits such as a paint factory or semiconductor manufacturing company.