Birth Defect Lawsuits
Parents want their children perfect, but that’s sometimes not possible. When that becomes a reality it is vital for parents to seek the assistance of experienced birth defect attorney defect lawyers.
Birth defects and injuries can be caused by medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can help you get answers.
Medical Malpractice
Medical negligence occurs when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to perform 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 defects and birth injuries are usually the result of genetic and environmental factors, however, they can also be a result of the negligence of a doctor. For instance when a doctor does not recognize a congenital disability in utero and fails to inform the parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifetime expenses associated with the handicapped child.
In order to win a medical malpractice case in birth defects the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, that he failed to fulfill the duty, that his actions or lack of action directly caused damages and injuries and that he suffered economic and noneconomic damages as a result of the injuries. These damages could include medical expenses as well as lost wages and emotional distress.
Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy. It’s important for pregnant women to adhere to their doctor’s recommendations about prenatal visits. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with some kind of birth defect in the United States. These defects can be of various severity and impact the way a child acts, looks and functions. Some are minor while others can cause serious problems that may be fatal.
Birth 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 complications for newborns. Our company is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful medications or substances.
In the scientific research, it is known that certain chemicals and toxins can cross the placenta to affect an unborn child. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as the cleft palate and lips, spina bifida and muscular dystrophy.
While working, mothers are exposed to a range of toxic chemicals. These chemicals can be ingested, inhaled or absorbed into the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. Parents can be exposed to these toxic substances when they consume certain prescription and over-the-counter drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. Many different toxins and chemicals found in our homes or workplace can increase the chance of a birth defect. These include fungicides, pesticides, lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.
Researchers are still unable to pinpoint the specific cause of a birth defect. It is possible that a variety of factors can cause the condition. The trick is to analyze the 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 enroll 100,000 women from representative population and track them over time and also their children. This study will provide comprehensive data on the effects of environmental factors on the health of a child’s fetus and.
Many parents who have a birth defect in their child feel guilty, believing that they caused it. However, these birth defects are not always preventable. Our birth defect lawyers are aware of this and are committed to helping families with children who have birth defects.
Product Liability
Many birth defects are caused by a range of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue that could have been prevented, you may be entitled to recover damages through a birth defect lawsuit.
A New York birth defect lawyer can help you determine if 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 for your child’s condition depending on the severity.
Although the vast majority of birth injuries are not the result of medical negligence however, there have been instances where a doctor has been negligent during or prior to labor and delivery. A doctor could prescribe a medication incorrectly that can harm a baby before the birth, or make an error during surgery.
Our birth defect attorneys have successfully litigated claims in which 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 brought birth defect lawsuits against companies that expose employees to dangerous chemicals in the workplace, such as a paint factory or semiconductor manufacturing company.