Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes that’s not feasible. If this happens, it is essential for parents to seek the help of experienced birth defect lawyers.
Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you get answers.
Medical Malpractice
When a doctor fails follow the accepted standard of practice in his or her area, it is considered medical malpractice. This could mean not performing prenatal tests or prescribing medications which increase the chance of birth defects, or making an error during labor and delivery.
Birth birth defects and birth injuries are typically caused by genetic or environmental causes, but occasionally they occur due to an error or negligence of a physician. For instance, if a physician does not recognize the presence of a congenital defect in utero and then fails to notify the parents of this condition, parents may file a wrongful birth claim seeking compensation for the lifelong expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the physician violated that duty, 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 the injuries. These damages could include medical bills or lost wages, as well emotional distress.
Certain birth defects and injuries are preventable by prompt testing and monitoring during pregnancy. It’s important for pregnant women to follow their doctors’ advice about prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect in the United States. These birth defects can vary in severity and impact manner in which a child looks and behaves throughout life. Some are minor while others can cause serious problems and may even cause death.
The reasons for a child’s birth defects may be due to genetic defects or a range of environmental and chemical factors. For example, exposure to toxic chemicals can cause serious health issues for a newborn. Our company is committed to making employers 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 be transmitted through the placenta, affecting the unborn child. These chemicals are teratogenic. Teratogenic chemicals can cause birth defects such as cleft lips, palates and spina bifida.
Many mothers are exposed many toxic chemicals while at work. These chemicals can be ingested, inhaled or absorbed through the body’s skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. Parents can be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. A lot of pharmaceuticals haven’t been adequately tested on pregnant woman and have caused birth defects.
Environmental Exposure
While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors is also a major factor. Many different toxins and chemicals found in the home as well as in food items can increase the likelihood of having a birth defect. This includes fungicides and pesticides lead, heavy metals, some paints and other chemical compounds. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, it 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 combination between multiple factors may cause the condition, but the difficulty is evaluating the effects of 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 populations and will follow them throughout their lives and also their children. This study will provide the most comprehensive information about the effects of environmental factors on the health of infants and children.
Many parents who have a birth defect in their child are resentful, believing that they caused it. However, these defects are usually inevitable. Our birth defect attorneys are aware of this and are committed to helping families whose children are born who have birth defects.
Product Liability
Birth problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided it is possible to recover damages in a lawsuit involving birth defects.
A New York birth defect attorney will be able help you determine if your child’s condition is caused by the use of a medicine, chemical or environmental exposure that is eligible for lawsuit compensation. Based on the degree of your child’s illness, your legal team will also be able to determine the total cost of associated medical expenses that are eligible for compensation.
While the vast majority of birth defects aren’t caused by medical negligence, there are some instances when a healthcare professional has been negligent prior to or during labor and birth. A doctor may prescribe a medication that can harm a baby before birth, or make an error in surgery.
Our birth defect lawyers have successfully litigated claims where a mother’s health medical professional was exposed to toxic chemicals or prescription drugs which increased the chances that she could give birth to a baby with birth defects. We have also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals while working like a paint factory or semiconductor manufacturing companies.