Birth Defect Lawsuits
Parents want their children to be perfect however, sometimes that’s not always possible. If this happens, it’s crucial that parents who are stunned seek the assistance of a seasoned birth defects lawyers.
Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice occurs when a physician violates the accepted standard of medical care in their area of expertise. It could be a failure to conduct routine prenatal tests or prescribing medications that increase the chance of having a birth defect or making a misstep during labor and birth.
Birth defects and birth injury are often caused by environmental and genetic factors, however, they can also be the result of the negligence of a physician. If a doctor fails to detect congenital disabilities in utero and fails to notify parents that their child is disabled, parents may 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 lawsuit in birth defect cases, the plaintiff must prove that the doctor owed a duty of care to the patient, and that he violated the duty, and that his actions or lack of action directly resulted in damage and injuries, and that he or she was a victim of economic and non-economic damages because of the injuries. These damages could include medical expenses or lost wages, as well emotional distress.
Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, which is why it’s important for pregnant women to follow their doctors’ advice regarding their prenatal visits. If you suspect that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
In the United States, thousands of babies are born every year with birth defect attorneys defects. These birth defects can vary in severity and impact the manner in which a child looks, acts and functions in life. Some are minor, while others can cause serious problems and even lead to death.
Birth defects can be caused by genetic defects or a range of chemcial and environmental causes. Exposure to toxic chemicals, for example causes serious complications in a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or medications.
In the scientific research, it is known that certain chemicals and toxins can traverse the placenta to affect an unborn child. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects like cleft lips, palates and spina Bifida.
Many mothers are exposed various toxic chemicals when they are at work. These chemicals can be consumed or inhaled, or absorbed by the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. Parents may also be exposed toxins when they are consuming certain prescription and over-the counter drugs. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors is also a major cause. The presence of numerous chemical compounds and toxins in the workplace, at home and in food items can increase the risk of birth defects. These include fungicides, pesticides, lead, heavy metals, certain paints and other chemical substances. Exposure to toxic substances is almost always inevitable. However, if companies do not take precautions to protect pregnant employees they’re negligent and may be held responsible.
Researchers are still trying to find the specific cause of a birth defect. It is possible that an interaction between multiple factors may cause the condition, but the problem is evaluating the interactions in real-time. The National Children’s Study is important since it is currently in process in a number of states. The NCS will enrol 100,000 women from representative populations as well as follow them and their children for the long run. This study will provide the most complete data to date about how a variety of environmental factors impact fetal and child health.
Many parents who are suffering from a child’s birth defect are resentful that they have contributed to the condition, but it’s often the case that these kinds of defects are inevitable. Our birth defect lawyers recognize this and are committed to families seeking justice for children suffering from birth defects.
Product Liability
Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition that could have been prevented and you are entitled to claim damages through 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 medication or any other environmental cause which is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses related to your child’s condition based on the severity.
While the vast majority of birth defects aren’t caused due to medical negligence, there are occasions where a healthcare professional has been negligent prior to or during labor and birth. A doctor could prescribe a medication in a way that causes harm to a baby even before birth, or make an error during surgery.
Our birth defect lawyers have successfully pursued cases where a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals which increased the risk that she could give birth to a child with birth defects. We also brought birth defect lawsuits against companies that expose employees to dangerous chemicals while working like a paint factory or semiconductor manufacturing company.