Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it’s impossible. When that happens it is crucial that parents in shock seek the help of seasoned birth defect lawyers.
Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm (love it) can provide answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standards of practice in their area, it is considered medical malpractice. This might involve failing to conduct routine prenatal tests or prescribing medication that increases the chance of having a birth defect or making a misstep during the labor and delivery.
Birth birth defects and birth injuries are often due to genetic and environmental causes, but sometimes they are the result of a doctor’s negligence or malpractice. If a physician fails to detect congenital problems in utero, and then fails not to inform the parents they may be able to file a claim for compensation due to a birth defect for all the 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 owed a breach of duty to the patient, that he failed to fulfill the duty, that his actions or lack of action directly led to damages and injuries and that the patient was a victim of economic and non-economic damages because of the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.
Some birth defects and injuries are preventable through timely testing and monitoring during pregnancy, so it’s important for pregnant women to follow their doctors’ recommendations regarding prenatal visits. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
In the United States, birth Defect law firm thousands of babies are born every year with a birth defect. These defects can vary in severity and affect manner in which a child looks, behaves and performs in life. Some are minor, whereas others can cause serious problems and even lead to death.
Birth defects can be caused by genetic disorders or a variety of environmental and chemcial factors. For example, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed in bringing employers to account when they expose pregnant women or their unborn children to harmful medications or substances.
It is well-established in scientific research that certain toxins as well as chemicals can pass through the placenta and harm an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals could cause birth defects, such as the cleft lip and palate as well as spina bifida, and muscular dystrophy.
Many mothers are exposed to many toxic chemicals while they are working. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. These contaminants can also be ingested by parents when they take certain prescription and over-thecounter medicines. Many medications have not been thoroughly tested on pregnant woman and have resulted in birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also play a role. Many different chemicals and toxins that are found in the home as well as in food items can increase the risk of having a birth defect. This includes fungicides, pesticides lead, heavy metals, certain paints and various chemical substances. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are still unable to determine exactly what causes a specific birth defect. It is possible that a variety of factors can cause the condition. The challenge is to analyze the interactions in real-time. This is why the National Children’s Study, now being conducted in a number of states, birth defect law firm is so important. The NCS will enrol 100,000 women from a variety of populations and will follow them and their children over the long-term. This study will provide the most comprehensive information to date on how various environmental factors impact fetal and child health.
Many parents who are suffering from a child’s birth defect feel guilty that they may have contributed to the disorder, but it’s usually the case that these kinds of issues are not a choice. Our birth defect lawyers know this and are dedicated to families seeking justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, most of these causes can be prevented. If your child was born with a medical condition that could have been avoided in the first place, you may be able to recover damages through an action for birth defects.
A New York birth defect lawyer will be able to assist you determine whether your child’s illness is caused by chemical exposure, a medication or other environmental factor which is eligible for compensation. Depending on the severity of your child’s illness your legal counsel will be able to estimate the total cost of medical bills that are suitable for compensation.
Although the majority of birth defects are not caused by medical negligence, there are cases when a healthcare worker is negligent before or during labor and delivery. A doctor might incorrectly prescribe a medication that injures the baby before it’s born, or make an error during surgery.
Our birth defect attorneys have successfully defended allegations that a mother’s health care provider was exposed to toxic chemicals or prescription drugs which increased the risk that she would give birth to a child suffering from birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers who expose their workers to hazardous substances during their work.