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What NOT To Do With The Birth Defect Litigation Industry

5 min read

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it’s impossible. When that happens it is imperative that parents in shock seek out the assistance of skilled birth defect lawyers.

Birth defects and injuries can be caused by medical malpractice and dangerous drugs and exposure to environmental factors. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of medical care in their field. This might involve failing to perform routine prenatal testing or prescribing medications that increase the likelihood of a birth defect or making a misstep during the birth and delivery.

Birth defects and birth injuries are usually the result of genetic and environmental causes, however sometimes they arise due to medical negligence or malpractice. For example, if a physician is unable to identify the presence of a congenital defect in utero and fails to inform the parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong expenses associated with the disabled child.

In order to win a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor owed a duty of care to the patient, that he failed to fulfill the duty, and that his actions or inaction action directly resulted in damages and injuries, and that he or she suffered economic and noneconomic damage due to the injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Prenatal visits are important to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical negligence 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 kind of birth defect within the United States. These birth defect lawsuit defects may be of different severity and impact the way children behave, appear and functions. Some are minor, while others can cause serious issues and may even cause death.

Birth defects can result from genetic defects or a range of chemcial or environmental factors. For instance, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful substances or medications.

It is well-established in scientific research that certain toxins and chemicals can enter the placenta to affect an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as cleft lips and palates, spina bifida and muscular dystrophy.

While working, many mothers are exposed to a variety of harmful chemicals. These chemicals can be consumed or inhaled through the skin of the body. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents may also be exposed to these toxins when they are consuming certain prescription and over-the-counter drugs. Many pharmaceuticals have not been thoroughly tested on pregnant women and have caused birth defects.

Environmental Exposure

Environmental exposure is a major Topstar.noviny.sk/galeria/12927-felix-slovacek-a-lucie-gelemova/7e0b467978f8bcaa9890902a22484ab7?back_url=https%3A%2F%2Fvimeo.com%2F707146151 cause of birth defects. Genetic disorders are a common cause but it’s far from the only one. Many different toxins and chemicals found in our homes workplace, food and work environment can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is usually unavoidable. However, if companies fail to protect pregnant employees, they are negligent and can be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It is possible that a combination between multiple factors may cause the condition, but the challenge is assessing the effects of these interactions in real time. The National Children’s Study is important since it is currently in process in a number of states. The NCS will enrol 100,000 women from diverse populations and monitor them and their children for the long term. This study will provide the most comprehensive information to date on how many environmental factors affect 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. But, these problems are usually unavoidable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by many factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these issues can be prevented. If your child was diagnosed with a medical condition that could have been prevented, you may be able to claim damages in lawsuits for birth defects.

A New York birth defect lawyer will be able to help you determine whether your child’s illness is caused by chemical exposure, a medication or other environmental trigger which is eligible for compensation. Your legal team will calculate the total cost of medical bills related to your child’s condition in relation to the severity.

Although the vast majority are not due to medical negligence There have been instances where doctors have been negligent prior to or during labor and birth. A doctor may prescribe a medication which harms a baby before it is born, or make a mistake during surgery.

Our birth defect attorneys have successfully pursued claims in which a mother’s health care provider was exposed to prescription drugs or toxic chemicals which increased the chances that she would give birth to a child suffering from birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to toxic chemicals while when they work.


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