Birth Defect Lawsuits
Parents want their children perfect however sometimes it’s not possible. When that happens it is vital that stunned parents seek out the assistance of skilled birth defect lawyers.
Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defect lawsuit defects and injuries. A New York birth defect law firm can provide answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This may include failing to perform prenatal testing or prescribing medications which increase the chance of birth defects or making a mistake during labor and birth.
Birth defects and birth injuries are usually the result of genetic and environmental factors, but they can also be the result of a doctor’s negligence. If a doctor fails detect congenital problems in utero and fails to inform parents, the parents may be legally able to file a case for compensation due to a birth defect for all costs for their child’s disabilities.
In order to win a medical malpractice claim in birth defect cases the plaintiff must show that the doctor was in breach of a duty of duty to the patient, that he breached the duty, that his actions or inaction action directly caused damage and injuries, and that he or she suffered economic and noneconomic damages from 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 through timely testing and monitoring during pregnancy. Therefore, it’s important for pregnant women to adhere to their doctor’s advice regarding prenatal visits. If you suspect that medical malpractice caused your child’s birth defects seek out a medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with a type of birth defect in the United States. These defects are of various degrees and impact the way a child acts, looks and functions. Some are minor, but others can cause serious issues that could be fatal.
Birth defects can result from genetic disorders or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for instance causes serious complications in babies. Our company is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful medications or substances.
In scientific literature, it is well-established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These toxins are referred to as teratogenic. The exposure to these chemicals can cause birth defects like Cleft lips and palates as well as spina Bifida and muscular dystrophy.
Many mothers are exposed an array of toxic chemicals when they are working. These chemicals can be ingested or inhaled through the body’s skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) which are used in the fabrication of semiconductors. Parents may also be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been shown to cause birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, environmental exposure is also a major factor. Numerous different chemicals and toxins that are present in the home workplace, food and work environment could increase the chances of having a birth defect. This includes fungicides and pesticides, lead, heavy metals, some paints and various chemical compounds. Exposure to these toxins is usually unavoidable. But, when businesses fail to protect pregnant employees they’re negligent and could be held responsible.
Researchers are still unable to determine exactly what causes the birth defect in a specific way. It is possible that a combination of factors can cause the condition. The trick is to analyze these interactions in real time. The National Children’s Study is important since it is currently in process across several states. The NCS will enrol 100 women from the representative population as well as follow them and their children for the long run. This study will provide the most complete data to date on how a variety of environmental factors impact fetal as well as child health.
Many parents suffering from a child’s birth defect feel guilty that they somehow contributed to the condition, however it’s often the case that these kinds of problems are unavoidable. Our birth defect lawyers understand this and are committed to helping families with children with birth defects.
Product Liability
Birth problems can be caused by a variety of causes, from drug or alcohol use during pregnancy to genes. However, many of these issues can be prevented. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to compensation through a birth defect lawsuit.
A New York birth defect lawyer will be able to assist you determine whether your child’s condition was caused by chemical exposure, a drug or another environmental trigger that is eligible for compensation. Depending on the severity of your child’s condition, your legal team will also be able to calculate the full cost of the medical bills that are suitable for compensation.
While the majority of these cases are not the result of medical negligence there are instances where a doctor was negligent during or prior to labor and birth. A doctor might incorrectly prescribe a medication that injures a baby before it is born, or make an error during surgery.
Our birth defect lawyers have successfully pursued cases against drug companies when a mother’s medical care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her child being born with birth defects. We also brought birth defect lawsuits against companies that expose their workers to harmful substances in the workplace in a paint factory or semiconductor manufacturing companies.