Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes that's not possible. If this happens, it's vital parents who are shocked seek the help of experienced birth defect lawyers.
Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York
birth defect law firm can help you find answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standards of practice in their region, it's deemed medical malpractice. This could mean failing to conduct routine prenatal tests or prescribing medication that increases the likelihood of birth defect or making a mistake during labor and birth.
Birth defects and birth injuries are usually caused by genetic and environmental factors, however, they could also be the result of the negligence of a physician. For instance in the event that a physician is unable to identify a congenital disability in utero and then fails to notify the parents of this disability, the parents can file a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.
In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of duty to the patient, that he failed to fulfill the duty, that his actions or lack of action directly triggered damages and injuries, and that the plaintiff suffered economic and noneconomic damages from the injuries. These damages could include expenses of medical bills, lost wages, pain and suffering, and emotional distress.
Some birth injuries and defects are preventable by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to adhere to their doctor's advice regarding prenatal appointments. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.
Toxic Chemicals
Every year thousands of children are born with some type of birth defect in the United States. These birth defects can be of varying severity and affect the way that children behave, appear and performs. Some are minor while others can cause serious problems and may even cause death.
Birth defects can result from genetic abnormalities or a variety of chemcial and environmental causes. For instance exposure to toxic chemicals could cause serious problems for a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or drugs.
It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals may cause birth defects like the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.
While working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be inhaled,
birth defect law firm ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) which are used in the production of semiconductors. Parents can be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. Many pharmaceuticals have not been thoroughly tested on pregnant women and have resulted in birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, environmental exposure is also a major cause. The presence of numerous chemical compounds and toxins in the home, at work and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers aren't able to determine exactly what causes a particular birth defect. It is possible that a variety of factors can trigger the condition. The trick is to assess 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 100,000 women from a representative population and follow them throughout their lives and also their children. This study will provide the most comprehensive information about how environmental factors impact the health of a child's fetus and.
Many parents suffering from a birth defect in their child are resentful that they have contributed to the disorder, but it's often the case that these kinds of issues are a given. Our
birth defect lawyers understand this and are dedicated to families who seek justice for children who suffer from birth defects.
Product Liability
Birth problems are caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genetic. Fortunately, many of these causes can be avoided. If your child was born with a medical condition that could have been avoided or prevented, you could be entitled to recover damages through an action for birth defects.
A New York birth defect attorney will be able to help you determine if the condition of your child is caused by an illness, chemical or environmental exposure that is eligible for compensation. Your legal team can calculate the total cost of medical bills for your child's condition depending on the severity.
Although the vast majority are not the result of medical negligence, there have been cases where a doctor has been negligent during or before labor and birth. A doctor may prescribe a medication that injures an infant before it is born, or they may commit a mistake during surgery.
Our birth defect attorneys have successfully defended claims in which a mother’s health medical professional was exposed to prescription drugs or toxic chemicals which increased the risk that she would give birth to a baby with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to toxic chemicals while in the workplace.