Birth Defect Lawsuits
Parents want their children perfect, but that’s sometimes not always possible. If this happens, it’s vital parents who are shocked seek the help of experienced birth defects lawyers.
Birth injuries and birth defects could be caused by medical negligence, drugs that are dangerous, and environmental exposure. A New York birth defect law firm can help you get answers.
Medical Malpractice
If a doctor does not follow the accepted standard of practice in his or her region, it’s deemed medical malpractice. It could be a failure to conduct routine prenatal testing or prescribing medication that increases the risk of a birth defect or committing a lapse during the labor and delivery.
Birth defects and birth defect attorneys injuries are often the result of genetic and environmental causes, but sometimes they occur due to a doctor’s negligence or malpractice. For instance the case where a doctor fails to recognize a congenital disability in utero and fails to notify the parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the physician did not fulfill this duty, that the doctor’s actions, or failure to act led directly to injuries and damages, and that the victim was harmed economically and non-economically due to his or her injuries. These damages might include the costs of medical bills lost wages as well as pain and suffering and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the proper testing and monitoring. If you believe that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These birth defects can range in severity and impact manner in which a child looks, acts and functions in life. Some are minor while others can cause serious problems and can even be fatal.
The causes of a child’s birth defects can stem from genetic anomalies or a wide range of environmental and chemical factors. For instance, exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.
It is well-established in the scientific research that certain toxins and chemicals can pass through the placenta and harm the unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals can cause birth defects like cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed to an array of toxic chemicals when they are working. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE), which are used in the fabrication of semiconductors. These chemicals can also be consumed by parents when they consume certain over-the counter and prescription drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it’s not the only reason. Numerous different chemicals and toxins that are found in the home or workplace can increase the risk of having a birth defect. This includes fungicides, pesticides lead, heavy metals, some paints and many other chemical substances. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant employees, they are negligent and could be held responsible.
Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that an interaction with multiple factors could trigger the problem, but the issue is evaluating these interactions in real time. This is why the National Children’s Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative population and track them over time and their children. This study will provide the most comprehensive information about how environmental factors affect fetal and childhood health.
Many parents who have a birth defect in their child feel guilty and believe that they were responsible for the defect. However, these birth defects are usually inevitable. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children suffering from birth defects.
Product Liability
Birth defects can be caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue that could have been prevented in the first place, you may be able to claim damages through a birth defect lawsuit.
A New York birth defect lawyer will be able to help you determine if your child’s condition was caused by chemical exposure, a medication or another environmental trigger that is a reason to seek compensation. Depending on the severity of your child’s health condition your legal counsel will also be able calculate the total cost of medical bills that are eligible for compensation.
Although the vast majority are not the result of medical negligence, there have been cases where doctors have been negligent during or before labor and delivery. A doctor might incorrectly prescribe a medication that harms the baby before it is born, or they may commit a mistake during surgery.
Our birth defect lawyers have successfully defended claims in which a mother’s health care provider was exposed toxic chemicals or prescription drugs which increased the chance that she could give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies that expose their workers to hazardous substances in the workplace like a paint factory or semiconductor manufacturing companies.