"Ask Me Anything:10 Responses To Your Questions About 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 crucial parents who are shocked seek out the help of experienced birth defect lawyers.
Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can assist.
Medical Malpractice
Medical malpractice occurs when a physician violates the accepted standard of care in his or her area of expertise. This may include not performing prenatal tests and prescribing medicines which increase the chance of birth defects or committing an error during labor and delivery.
Birth birth defects and birth injuries can be caused by genetic or environmental causes, but sometimes they occur due to an error or negligence of a physician. For example in the event that a physician fails to recognize a congenital disorder in the uterus and then fails to notify parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses incurred by the disabled child.
In order to win a medical malpractice claim in birth defect cases the plaintiff must demonstrate that the doctor owed a breach of care to the patient, and that he violated the duty, that his actions or lack of action directly resulted in damage and injuries, and that the plaintiff suffered economic and Birth Defects noneconomic damages because of the injuries. These damages might include the cost 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 testing and monitoring. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer as soon as you can.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect manner in which a child looks and behaves throughout life. Some are minor, but others can cause serious problems that may be fatal.
The causes of birth defects can be attributed to genetic anomalies or a wide variety of chemical and environmental factors. Exposure to toxic chemicals, for example, can cause serious complications in the infant. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful substances or medications.
In the scientific literature, it is established that certain chemicals and toxins can be transmitted through the placenta, affecting the unborn child. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects, such as cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
While working, many mothers are exposed to a variety of toxic chemicals. They can be ingested, inhaled or absorbed through the body's skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals 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 prevalent causes of birth defects, exposure to environmental factors is also a major cause. Many different toxins and chemicals found in the home as well as in food items 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 these toxic substances is almost always inevitable. However, when companies fail to protect pregnant employees, they are negligent and could be held accountable.
Researchers are unable to identify the exact cause of a particular birth defect law firms defect. It could be that an interaction between several factors can cause the condition, but the problem is assessing the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enrol 100 women from the representative population and monitor them and their children for the course of time. This study will provide the most comprehensive data available on how many environmental factors impact fetal and child health.
Many parents who have a birth defect in their child feel guilty and believe that they were responsible for the defect. However, these birth defects are usually unavoidable. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a range of factors, ranging from drugs and alcohol use during pregnancy to genetics. However, many of these causes are preventable. If your child was born with a medical issue that could have been prevented in the first place, you may be able to recover damages through an action for birth defects.
A New York birth defect attorney can assist you to determine if your child's illness is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness your legal counsel will also be able to calculate the full cost of the medical bills qualified for compensation.
Although the majority of birth defects aren't caused by medical negligence, there are some instances when a healthcare worker was negligent before or during labor and birth. A doctor may prescribe a medication that injures a baby before it is born, or make a mistake during surgery.
Our birth defect lawyers have successfully pursued lawsuits against drug makers when a mother's medical care provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her child being born with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers hazardous substances during their work.