The Most Pervasive Problems In Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect however sometimes it's impossible. If this happens, it's vital parents who are shocked seek the assistance of experienced birth defects 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 assist you in getting answers.
Medical Malpractice
If a physician fails to follow the accepted standard of practice in his or her region, it's deemed medical malpractice. It could be a failure to perform routine prenatal tests, birth defect law firms prescribing medication that increases the chance of having a birth defect or making a mistake during labor and delivery.
Birth defects and birth injuries are usually caused by environmental and genetic factors, but they can also be the result of an error by a doctor. For example when a doctor is unable to identify a congenital disability in utero and fails to notify the parents of this disability, the parents may bring a wrongful birth claim seeking compensation for the lifetime costs associated with the disabled child.
A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the doctor breached this duty, that the doctor's actions or inability to act caused injuries and damages, and that the victim suffered economic and non-economic damage as a result of his or her injuries. These damages might include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused the birth defect of your child you should contact a medical malfeasance and birth defect law firms injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect in the United States. These birth defects can vary in severity and impact the way that a child appears, acts and functions in life. Some are minor, while others can cause serious problems and even lead to death.
Birth birth defects can be caused by genetic defects or a range of chemcial and environmental causes. Exposure to harmful chemicals, for example causes serious complications in babies. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or medications.
It is well-established in the scientific research that certain toxins and chemicals can enter the placenta, affecting the unborn baby. These chemicals are teratogenic. Teratogenic chemicals can cause birth defects such as lip clefts, palates, and spina bifida.
Many mothers are exposed to many harmful chemicals when they are working. They can be ingested, inhaled or absorbed through the skin. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. This is because a lot of pharmaceuticals are not properly tested on pregnant women and have been demonstrated to cause 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 cause. The presence of various chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is generally inevitable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are unable to identify the exact cause of a particular birth defect. It could be that an interaction between a variety of factors could cause the condition, but the problem is assessing these 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 women from the representative population and monitor them and their children over the long-term. This study will provide the most comprehensive data on how environmental factors impact the health of children and fetuses.
Many parents who have a birth defect in their child are resentful because they believe they caused it. However, these issues are often unavoidable. Our birth defect attorneys are aware of this and are committed to helping families with children with birth defects.
Product Liability
Birth problems are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, many of these causes can be prevented. If your child was born with a medical issue that could have been avoided and you are entitled to claim damages in an action for birth defect law firms birth defects.
A New York birth defect lawyer can help you determine if your child's condition is the result of a medication, chemical exposure or any other environmental cause that is eligible for compensation. Your legal team can estimate the total cost of medical bills related to your child's condition based on the severity.
Although the vast majority of birth injuries are not caused due to medical negligence, there have been cases where a doctor has been negligent prior to or during labor and birth. A doctor might prescribe a medication that harms a baby even before the birth, or make an error during surgery.
Our birth defect lawyers have successfully brought cases against drug companies when a mother's medical care provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her child being born with birth defect. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers hazardous substances at work.
