15 Up-And-Coming Trends About Birth Defect Litigation
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Parents want their children to be perfect, but sometimes that's impossible. When that becomes a reality it is crucial that parents who are in shock seek the help of experienced birth defect lawyers.
Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.
Medical Malpractice
When a doctor fails adhere to the accepted standards of practice in their field, it's considered medical malpractice. This could be due to failing to conduct prenatal testing or prescribing medications that increase the likelihood of birth defects, or making an error during labor and birth.
birth defect lawsuit defects and birth injuries are usually the result of genetic and environmental causes, however sometimes they occur due to an error or negligence of a physician. If a doctor fails detect congenital disabilities in utero and fails to notify parents of the condition, parents might be eligible to file a claim for compensation in the event of a wrongful birth. for all costs for their child's disabilities.
A successful medical malpractice claim in birth defect cases must prove that the physician has a responsibility to the patient of care, that the physician did not fulfill this duty, that the doctor's negligence or failure to act caused injuries and damages and that the victim was harmed economically and non-economically as a result of the injuries. These damages might include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.
Certain birth defects and injuries are preventable by prompt testing and monitoring during pregnancy. Therefore, it's important for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you believe that the birth defect of your child is the result of medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer right away.
Toxic Chemicals
Every year thousands of children are born with some form of birth defect in the United States. These defects may be of different severity and impact the way children behave, appear and performs. Some are minor and others can cause serious problems that may be fatal.
The causes of birth defects can stem from genetic abnormalities or a range of environmental and chemical factors. For example, exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.
It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta, affecting the unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects like Cleft lips and palates, spina bifida and muscular dystrophy.
While they are working, many mothers are exposed a variety of toxic chemicals. These chemicals can be consumed, inhaled or absorbed into the skin of the body. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the manufacture of semiconductors. These toxins can also be ingested by parents who take certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs aren't adequately tested on pregnant women and have been shown to cause birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's not the only cause. The presence of various toxins and chemical compounds in the workplace, at home and in food can increase the risk of developing birth defects. These include pesticides, fungicides and lead, as well as heavy metals, some paints and other chemical compounds. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are still unable pinpoint exactly what causes the specific birth defect. It is possible that a combination of factors can cause the condition. The trick is to study these interactions in real-time. The National Children's Study is important because it is now underway in several states. The NCS will enrol 100,000 women from representative populations and follow them and their children over the long run. This study will provide most complete information on how environmental factors impact fetal and childhood health.
Many parents who suffer from a birth defect in their child feel guilt because they believe they caused it. But, these problems are usually inevitable. Our birth defect lawyers understand this and are dedicated to families who seek justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes can be avoided. If your child was born with a medical issue that could have been avoided in the first place, you may be able to recover damages through an action for birth defects.
A New York birth defect attorney can help you determine if your child's problem is due to an illness, chemical or environmental exposure that is eligible for compensation. Based on the degree of your child's illness your legal counsel will also be able to calculate the full cost of the medical bills suitable for compensation.
While the majority of these cases are not caused due to medical negligence there are instances where a doctor was negligent during or prior to labor and delivery. A doctor might prescribe a medication incorrectly that could harm a baby, even before the birth, or make an error during surgery.
Our birth defect lawyers have successfully brought claims against drug manufacturers in which a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her having a child with birth defect. We have also filed birth defect lawsuits against companies that expose workers to harmful substances while working, such as a paint factory or semiconductor manufacturing companies.
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