Birth Defect Lawsuits
Parents want their children to be perfect, but that’s sometimes impossible. When that becomes a reality, it is essential that parents in shock seek the assistance of experienced birth defect lawyers.
Birth injuries and birth defects could be caused by medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could be due to failing to perform prenatal testing or prescribing medications that increase the chance of birth defects or making a mistake during labor or delivery.
Birth defects and birth injury are usually caused by genetic and environmental factors, however, they can also be caused by a doctor’s negligence. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to inform parents of the condition, parents might be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all expenses for their child’s disabilities.
To prevail in a medical malpractice claim in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of care to the patient, and that he did not fulfill the duty, and that his actions or inaction action directly caused damages and injuries, and that the plaintiff suffered economic and noneconomic damages due to the injuries. These damages might include the costs of medical bills lost wages as well as pain and suffering and emotional distress.
Certain birth problems and injuries can be avoided through timely testing and monitoring during pregnancy, which is why it’s vital for pregnant women adhere to their doctor’s recommendations regarding prenatal visits. If you suspect that your child’s birth defect is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer as soon as possible.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and impact manner in which a child looks and behaves throughout life. Some are minor, but others can lead to serious issues that could be fatal.
Birth problems can be caused by genetic disorders or a variety of chemcial and environmental causes. For instance, exposure to toxic chemicals could cause serious complications for a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.
It is well-established in scientific literature that certain toxins and chemicals can enter the placenta and harm an unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects such as cleft lips, palates and spina bifida.
Many mothers are exposed many toxic chemicals when they are at work. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents who take certain prescription and over-thecounter medicines. This is due to the fact that many drugs aren’t adequately tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it’s far from the only one. The presence of numerous chemicals and toxins in the home, at work and in food can increase the risk of developing birth defects. This includes fungicides, pesticides and lead, as well as heavy metals, certain paints, and other chemical substances. Exposure to these toxins is almost always inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.
Researchers are unable to pinpoint exactly what causes a particular birth defect. It could be that a combination of factors can cause the condition. The challenge is to assess these interactions in real-time. This is why the National Children’s Study, now getting under way in several states, is so crucial. The NCS will enroll 100 women from the representative population and monitor them and their children for the long-term. This study will provide the most comprehensive information about how environmental factors impact fetal and childhood health.
Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the condition, however it is the norm that these kinds of issues are inevitable. Our birth defect lawyers are aware of this and are dedicated to helping families seek justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by many factors, ranging from drug or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be cured. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to claim damages in an action for birth defects.
A New York birth defect lawyer will be able to assist you determine whether your child’s illness was caused by chemical exposure, a drug or other environmental factor that is eligible for compensation. Your legal team will calculate the total cost of medical expenses related to your child’s condition in relation to the severity.
While the majority of these cases are not caused due to medical negligence however, there have been instances where a doctor was negligent prior to or during labor and delivery. A doctor may prescribe a medication that harms a baby even before birth, or may make an error during surgery.
Our birth defect lawyers have successfully defended allegations that a mother’s health care provider was exposed prescription drugs or toxic chemicals which increased the chance that she would give birth to a child who has birth defects. We also have brought birth defect lawsuits against companies that expose their workers to dangerous substances while working like a paint factory or semiconductor manufacturing company.