Birth Defect Lawsuits
Parents wish their children to be perfect, but at times that’s impossible. When this happens, it’s essential that parents who are shocked seek the assistance of experienced birth defect lawyers.
Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.
Medical Malpractice
Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their area of expertise. This could be due to failing to perform prenatal screening and prescribing medicines that increase the risk of birth defects, or making an error during labor and delivery.
Birth birth defects and birth defect law firms injuries are often due to genetic and environmental factors, but sometimes they are the result of the negligence or malpractice of a doctor. For example, if a physician fails to detect the presence of a congenital defect in utero and then fails to notify parents of the disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifetime expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the doctor violated that duty, the doctor’s actions, or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic damage due to the injuries. These damages may include costs of medical bills lost wages as well as pain and suffering and emotional distress.
Prenatal visits are important to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that medical malpractice caused your child’s birth defects you should contact a medical malfeasance and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born every year with birth defects. These birth defects can vary in severity and affect the way a child looks, behaves and performs in life. Some are minor and others can cause serious issues that could be fatal.
The causes of birth defects could be due to genetic defects or a range of chemical and environmental factors. Exposure to toxic chemicals, for example, can cause serious complications in a newborn. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies to harmful substances or drugs.
It is well-established in scientific literature that certain toxins and chemicals can cross the placenta and harm an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals could cause birth defects, such as cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed an array of harmful chemicals when they are working. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. These contaminants can also be ingested by parents who take certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors can also play a role. 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 lead, heavy metals, certain paints and other chemical compounds. Exposure to these toxins is generally inevitable. But, when businesses do not take precautions to protect pregnant employees they’re negligent and may be held accountable.
Researchers are still unable identify the exact cause of the birth defect in a specific way. It is possible that an interaction between a variety of factors could cause the condition, but the challenge is assessing the interactions in real-time. The National Children’s Study is important because it is now underway in a variety of states. The NCS will enroll 100,000 women from diverse populations and monitor them and their children over the long run. This study will provide the most complete data to date on how various environmental factors impact fetal and child health.
Many parents who suffer from a birth defect in their child feel guilty believing that they contributed to it. However, these birth defects are usually inevitable. Our birth defect lawyers understand this and are dedicated to helping families seek justice for children who suffer from birth defects.
Product Liability
Many birth defects result from a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. However, many of these causes can be prevented. If your child was born with a medical condition which could have been prevented in the first place, you may be able to claim damages through an action for birth defects.
A New York birth defect attorney will be able to help you determine if your child’s illness is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical expenses that are related to your child’s illness based on the severity.
Although the majority of birth defects are not caused by medical negligence, there are occasions where a doctor or healthcare worker was negligent prior to or during labor and delivery. A doctor might prescribe a medication that causes harm to a baby even before birth, or even make an error in surgery.
Our birth defect lawyers have successfully brought cases against drug companies in cases where a mother’s health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her having a child with birth defects. We also brought birth defect lawsuits against companies that expose their workers to dangerous substances at work for example, a paint factory or semiconductor manufacturing company.