25 Surprising Facts About Birth Defect Litigation
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Parents want their children perfect, but that's sometimes not always possible. When that happens, it is essential for parents to seek out the assistance of skilled birth defect lawyers.
Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.
Medical Malpractice
If a physician fails to adhere to the accepted standard of practice in their field, it's considered medical malpractice. This might involve failing to conduct routine prenatal tests, prescribing medication that increases the likelihood of birth defect or making a misstep during labor and delivery.
Birth defects and birth injury are usually caused by environmental and genetic causes, but they can also be the result of a doctor's negligence. For instance when a doctor fails to recognize the presence of a congenital defect in utero and fails to inform the parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.
To win a medical malpractice case in birth defect cases, the plaintiff must prove that the doctor was bound by a duty of care to the patient, that he breached this duty, that his actions or inaction action directly led to damages and injuries, and that he or she suffered economic and noneconomic damage as a result of the injuries. These damages could include medical expenses as well as lost wages and emotional distress.
Prenatal visits are crucial to ensure that pregnant women receive the proper tests and monitoring. If you believe that the birth defect of your child is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year, thousands of children are born with some type of birth defect in the United States. These birth defects can be of various severity and impact the way the child behaves, looks and performs. Some are minor and others can lead to serious problems that may be fatal.
The causes of a child's birth defects could be due to genetic anomalies or a wide range of environmental and chemical factors. Exposure to harmful chemicals, for instance could cause serious problems in the newborn. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.
In scientific literature, it has been established that certain chemicals and toxins may cross the placenta to affect the unborn child. These chemicals are referred to as teratogenic. These teratogenic chemicals could cause birth defects, such as lips, palates, and clefts as well as spina Bifida.
While working, mothers are exposed to a variety of harmful chemicals. These chemicals can be inhaled or inhaled, or absorbed by the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription and over-the-counter drugs. This is due to the fact that many drugs are not properly tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. The presence of various chemical compounds and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when employers do not take precautions to protect pregnant employees they are negligent and could be held accountable.
Researchers are unable to identify the exact cause of a specific birth defect. It could be that a combination of factors may 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 diverse populations and follow them and their children over the long-term. This study will provide the most complete data to date about how a variety of environmental factors impact fetal as well as child health.
Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the condition, however it is often the case that these types of defects are inevitable. Our birth defect lawyers understand this and are committed to helping families seek justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by many causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, many of these issues can be prevented. If your child was diagnosed with a medical condition that could have been avoided it is possible to claim damages in lawsuits for birth defects.
A New York birth defect lawyer will be able to help you determine whether your child's condition is the result of chemical exposure, a medication or other environmental trigger that is a reason to seek compensation. Your legal team can calculate the total cost of medical bills for your child's condition depending on the severity.
Although the vast majority are not due to medical negligence There have been instances where a doctor has been negligent during or prior to labor and delivery. A doctor may prescribe a medication in a way that harms a baby even before the birth defect attorney, or make an error in surgery.
Our birth defect lawyers have successfully litigated claims in which a mother’s health care provider was exposed to prescription drugs or toxic chemicals which increased the chance that she will give birth to a baby with birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor manufacturers who expose their workers to hazardous substances at work.
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