Betty Basaldua спросил 5 месяцев назад
Birth Defect Lawsuits
Parents want their children to be perfect, but in some cases that’s not possible. If this happens, it’s important that parents who are stunned seek out the help of experienced birth defects lawyers.
Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.
Medical Malpractice
If a physician fails to follow the accepted standard of practice in his or her area, it is deemed medical malpractice. This could include failing to perform prenatal screening or prescribing drugs that increase the risk of birth defects, or making an error during labor and birth.
Birth defects and birth injuries are usually the result of environmental and genetic causes, however, they could also be caused by a doctor’s negligence. For instance the case where a doctor is unable to identify a congenital disability in utero and then fails to notify the parents of this disability, the parents may make a claim for wrongful birth seeking compensation for all the lifetime expenses incurred by the disabled child.
A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the doctor violated this duty, the doctor’s actions or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are important to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury lawyer as soon as you can.
Toxic Chemicals
In the United States, thousands of babies are born every year with birth defects. These birth defects may be of different severity and impact the way the child behaves, looks and performs. Some are minor, whereas others can cause serious problems and even be fatal.
The reasons for a child’s birth defects could be due to genetic disorders or a variety of chemical and environmental factors. For instance, exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.
In scientific literature, it has been established that certain chemicals and toxins can traverse the placenta to affect an unborn child. These toxins are teratogenic. These teratogenic chemicals could cause birth defects like lip clefts, palates, and spina bifida.
Many mothers are exposed an array of harmful chemicals when they are working. These chemicals can be consumed, inhaled or absorbed through the skin of the body. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may also be exposed toxic substances when they consume certain over-the-counter and prescription drugs. This is due to the fact that many drugs aren’t adequately tested on pregnant women and have been found 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. Many different chemicals and toxins that are present in the home or workplace can increase the likelihood of having a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints, and many other chemical substances. Exposure to toxic substances is nearly always inevitable. However, when companies do not take precautions to protect pregnant employees, they are negligent and can be held accountable.
Researchers are unable to identify the exact cause of the birth defect in a specific way. It is possible that an interaction between several factors can cause the condition, but the difficulty is assessing these interactions in real-time. The National Children’s Study is important because it is now underway in several states. The NCS will enroll 100,000 women from representative population and track them over time and also their children. This study will provide the most comprehensive information about how environmental factors affect the health of infants and children.
Many parents who are suffering from a child’s birth defect feel guilty for having contributed to the condition, but it is often the case that these kinds of defects are a given. Our birth defect lawyers understand this and are committed to helping families with children with birth defects.
Product Liability
Many birth defects result from a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided it is possible to recover damages in an action for birth defects.
A New York birth defect attorney will be able help you determine if your child’s problem is caused by a medication, chemical or environmental exposure that qualifies for compensation. Based on the degree of your child’s illness your legal counsel will be able to estimate the total cost of medical bills that are admissible for compensation.
While the majority of these cases are not due to medical negligence, there have been cases where a doctor has been negligent during or before labor and delivery. A doctor could incorrectly prescribe a medication which harms a baby before it is born, or they may make an error during surgery.
Our birth defect lawyers have successfully defended lawsuits against drug companies where a mother’s health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her child being born with birth defects. We also have brought birth defect lawsuits against companies that expose their workers to dangerous substances on the job in a paint factory or semiconductor manufacturing companies.