Why You Should Concentrate On Making Improvements In Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however sometimes it's not always possible. If this happens, it's essential that parents who are stunned seek the help of experienced birth defect lawyers.
Birth injuries and birth defect law firms defects can be caused by medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defects law firm can assist.
Medical Malpractice
Medical malpractice occurs when a doctor violates the accepted standard of medical care in their field. This could mean failing to perform routine prenatal testing or prescribing medications that increase the likelihood of a birth defect, or making a mistake during the birth and delivery.
Birth defects and birth injuries are usually caused by environmental and genetic factors however, they can also be the result of a doctor's negligence. If a doctor fails detect congenital disabilities in utero, and then fails not to inform the parents of the condition, parents might be legally able to file a case for wrongful birth seeking compensation for all expenses that are associated with their disabled child.
A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the physician did not fulfill this duty, that the doctor's negligence or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Some birth injuries and defects are preventable with timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' advice regarding their prenatal visits. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect within the United States. These birth defects can range in severity and impact way that a child appears, acts and functions in life. Some are minor lawsuits and others can lead to serious issues that could be fatal.
The causes of a child's birth defects can be attributed to genetic disorders or a range of chemical and environmental factors. Exposure to harmful chemicals, for example can trigger serious complications in a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful substances or drugs.
It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta, affecting the unborn baby. These chemicals are referred to as teratogenic. The exposure to these chemicals can cause birth defects, such as the cleft palate and lips, lawsuits spina bifida and muscular dystrophy.
Many mothers are exposed many toxic chemicals while at work. They can be inhaled, ingested or simply absorbed through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. These chemicals can also be consumed by parents while they are taking certain over-the counter and prescription drugs. Many pharmaceuticals have not been adequately tested on pregnant women and may cause birth defects.
Environmental Exposure
While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also be a significant factor. Many different chemicals and toxins that are found in the home or workplace can increase the chance of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers are still unable to determine exactly what causes the birth defect in a specific way. It is possible that a combination with multiple factors could trigger the condition, but the challenge is assessing 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 as well as follow them and their children for the long term. This study will provide the most complete data to date about how a variety of environmental factors impact fetal and child health.
Many parents who suffer from a birth defect in their child feel guilt and believe that they caused it. However, these issues are not always preventable. 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 causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition which could have been avoided, you may be able to claim damages in lawsuits for birth defects.
A New York birth defect attorney will be able help you determine if your child's illness is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical bills associated with your child's condition according to the severity.
While the vast majority of birth defects are not caused by medical negligence, there are occasions where a healthcare professional has been negligent before or during labor and delivery. A doctor may prescribe a medication that harms a baby even before birth, or make an error in surgery.
Our birth defect lawyers have successfully brought lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her having a child born with birth defects. We have also brought birth defect lawsuits against companies who expose workers to dangerous chemicals at work, such as a paint factory or semiconductor manufacturing company.