Birth Defect LawsuitsParents want their children to be perfect however, sometimes that's not always possible. When that becomes a reality it is vital that stunned parents seek out the assistance of skilled birth defect lawyers.
Birth defects and injuries can result from medical malpractice and drugs that are harmful, and environmental exposure. A New York
birth defect law firm can provide answers.
Medical Malpractice
If a doctor does not adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This may include failing to perform prenatal screening, prescribing medications which increase the chance of birth defects, or making an error during labor and delivery.
Birth defects and birth injuries are often caused by environmental and genetic factors however, they can also be the result of the negligence of a doctor. For instance when a doctor fails to detect the presence of a congenital defect in utero and fails to inform parents of the disability, the parents can bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the physician violated that duty, the doctor's actions, or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic losses due to the injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the proper tests and monitoring. If you believe that the
birth defect law firms defect of your child is the result of medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year, thousands of children are born with some form of birth defect in the United States. These birth defects can range in severity and affect way that a child appears and behaves throughout life. Some are minor while others can lead to serious problems that may be fatal.
Birth defects can be caused by genetic anomalies or a range of chemcial and environmental causes. For instance, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.
In the scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta to affect the unborn child. These toxins are teratogenic. The exposure to these teratogenic chemicals can cause birth defects like the cleft lip and palate as well as spina Bifida and muscular dystrophy.
While they are working, mothers are exposed a variety of harmful chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. Parents may also be exposed to these chemicals when they consume certain prescription and over-the counter drugs. A lot of pharmaceuticals haven't been thoroughly tested on pregnant women and have led to birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, exposure to environmental factors can also play a role. A variety of toxins and chemicals that are present in the home or workplace can increase the likelihood of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.
Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that a combination between several factors can cause the condition, but the difficulty is assessing the interactions in real-time. The National Children's Study is important because it is now underway in a number of states. The NCS will enroll 100 women from the representative population and will follow them and their children over the course of time. This study will provide the most complete information on how environmental factors affect fetal and childhood health.
Many parents who have a birth defect in their child are resentful because they believe they are responsible for it. However, these birth defects are usually unavoidable. Our birth defect lawyers understand this and are committed to helping families who have children with birth defects.
Product Liability
Many birth defects are caused by a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to claim damages in a lawsuit involving birth defects.
A New York birth defect attorney can help you determine if your child's condition is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness, your legal team will also be able calculate the full cost of the medical bills that are suitable for compensation.
While the majority of these cases are not due to medical negligence however, there have been instances where a doctor was negligent prior to or during labor and delivery. A doctor could prescribe a medicine incorrectly, which can harm a baby before birth, or make an error in surgery.
Our birth defect lawyers have successfully litigated claims where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs, increasing the likelihood that she would give birth to a child who has birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to toxic chemicals while when they work.