Birth Defect LawsuitsParents want their children to be perfect but sometimes it's not always possible. If this happens it is vital for parents to seek the help of seasoned birth defect lawyers.
Birth defects and injuries can be caused by medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical malpractice occurs when a doctor is in violation of the accepted standard of care in his or her area of expertise. It could be a failure to conduct routine prenatal testing or prescribing medications that increase the likelihood of birth defect, or making a mistake during the labor and delivery.
Birth defects and birth injuries are typically caused by genetic and environmental causes, but occasionally they are the result of the negligence or malpractice of a doctor. If a doctor fails to detect congenital disabilities during pregnancy, and then fails not to notify parents, the parents may be eligible to file a claim for compensation in the event of a wrongful birth. for all the costs related to their child's disability.
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 did not fulfill this duty, that the doctor's actions or failure to act caused injuries and damages and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the required testing and monitoring. If you believe that your child's
birth defect is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born every year with birth defects. These birth defects can vary in severity and affect the way that a child appears and behaves in life. Some are minor, while others can cause serious problems and can even be fatal.
The causes of 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 cause serious complications in the infant. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.
In the scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. The exposure to these chemicals can cause birth defects such as Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed to an array of toxic chemicals while they are at work. These chemicals can be consumed or inhaled, or absorbed by the body's skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the manufacture of semiconductors. These contaminants can also be ingested by parents when they consume certain prescription and over-the-counter drugs. 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 one of the most common causes of birth defects, environmental exposure is also a major factor. Many different toxins and chemicals that are present in the home or workplace can increase the chance of a birth defect. These include pesticides, fungicides and lead, as well as heavy metals, some paints and many other chemical substances. Exposure to toxic substances is almost always inevitable. However, when companies do not take precautions to protect pregnant employees they're negligent and could be held responsible.
Researchers are still unable pin down exactly what causes the birth defect in a specific way. It is possible that a mix of factors can trigger the condition. The challenge is to study the effects of these factors in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enrol 100 women from the representative population and monitor them and their children for the long run. This study will provide the most comprehensive information to date on how various environmental factors influence fetal and child health.
Many parents who are suffering from a child's birth defect feel guilty for having contributed to the condition, but it is often the case that these types of defects are a given. Our birth defect attorneys are aware of this and are committed to helping families who have children with birth defects.
Product Liability
Many birth defects result from a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these issues can be prevented. If your child was born with a medical condition which could have been prevented in the first place, you may be able to claim damages through an action for birth defects.
A New York birth defect lawyer will be able to assist you determine whether your child's condition is the result of an exposure to chemicals, medication or any other environmental cause that could be eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses related to your child's condition depending on the severity.
Although the majority of birth defects are not caused due to medical negligence, there are occasions when a healthcare worker was negligent before or during labor and delivery. A physician may incorrectly prescribe a medication which harms a baby before it is born, or they may make a mistake during surgery.
Our birth defect lawyers have successfully prosecuted cases against drug companies when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her having a child with birth defects. We have also brought
birth defect lawsuits against companies that expose workers to dangerous substances in the workplace in a paint factory or semiconductor manufacturing company.