Birth Defect Lawsuits
Parents want their children perfect however sometimes it's not always possible. When that becomes a reality, it is essential that stunned parents seek out the assistance of skilled birth defect lawyers.
Birth problems and injuries can result from medical malpractice or drugs that pose a risk and exposure to environmental factors. A New York
birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice is when a doctor is in violation of the accepted standard of medical care in their area of expertise. This might involve failing to perform routine prenatal testing or prescribing medications that increase the chance of having a birth defect or committing a lapse during the birth and delivery.
Birth defects and birth injuries are typically caused by genetic or environmental causes, but occasionally they are the result of the negligence or malpractice of a doctor. For instance in the event that a physician fails to detect a congenital disability in utero and then fails to notify the parents of this impairment, parents can make a claim for wrongful birth seeking compensation for the ongoing expenses incurred by the disabled child.
A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the doctor violated that duty, the doctor's actions or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic losses due to the injuries. These damages could include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Certain birth injuries and defects can be prevented by prompt testing and monitoring during pregnancy. Therefore, it's important for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury attorney immediately.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These defects vary in severity and affect manner in which a child looks and behaves throughout life. Some are minor while others can cause serious issues and even be fatal.
Birth problems can be caused by genetic anomalies or a range of chemcial and environmental factors. Exposure to toxic chemicals, for instance, can cause serious complications in the infant. Our firm is determined to hold employers accountable for the exposure of pregnant women and newborn babies to harmful substances or drugs.
In the scientific literature, it has been established that certain chemicals and toxins may cross the placenta to affect an unborn child. These chemicals are referred to as teratogenic. These teratogenic chemicals could cause birth defects like cleft lips, palates and spina bifida.
While working, mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These toxic substances can also be consumed by parents who take certain prescription and over-the-counter drugs. Many pharmaceuticals have not been tested properly on pregnant women and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure can also be a significant factor. Many different toxins and chemicals that are found in the home workplace, food and work environment can increase the risk of having a birth defect. This includes fungicides and pesticides, lead, heavy metals, certain paints and various chemical compounds. Exposure to these toxins is often inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.
Researchers are still unable pin down exactly what causes the birth defect in a specific way. It is possible that a combination between multiple factors may cause the condition, but the problem is assessing these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow their progress over time and also their children. This study will provide the most comprehensive 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 guilty and believe that they were responsible for the defect. However, these issues are usually inevitable. Our birth defect attorneys are aware of this and are dedicated in helping families with children with birth defects.
Product Liability
Birth problems can be caused by a variety factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be avoided. If your child was born with a medical issue which could have been prevented and you are entitled to compensation through an action for birth defects.
A New York
birth defect lawyer can assist you determine if your child's condition is the result of a medication, chemical exposure or other environmental trigger which is eligible for compensation. Based on the severity of your child's illness, your legal team will also be able to calculate the total cost of associated medical expenses that are qualified for compensation.
While the majority of these cases are not caused due to medical negligence however, there have been instances where a doctor was negligent prior to or during labor and delivery. A doctor might prescribe a medicine incorrectly, which harms a baby even before birth, or even make an error during surgery.
Our birth defect attorneys have successfully prosecuted claims in which a mother’s health medical professional was exposed to prescription drugs or toxic chemicals which increased the risk that she will give birth to a child suffering from birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to harmful chemicals in the workplace.