20 Trailblazers Are Leading The Way In Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however sometimes it's impossible. If this happens it is imperative that parents who are in shock seek out the assistance of skilled birth defect lawyers.
Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.
Medical Malpractice
When a doctor fails follow the accepted standard of practice in his or her field, it's considered medical malpractice. This could be due to failing to perform prenatal testing or prescribing medications that increase the likelihood of birth defects or making a mistake during labor and delivery.
Birth birth defects and birth injuries are often the result of genetic and environmental causes, however sometimes they occur due to medical negligence or malpractice. For example the case where a doctor is unable to identify a congenital disability in utero and then fails to notify parents of the disability, the parents can file a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases must prove that the doctor has a responsibility to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act led directly to injuries and damages, and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages could include costs of medical bills lost wages as well as pain and suffering and emotional distress.
Some birth injuries and defects can be prevented through timely testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' advice regarding prenatal appointments. If you suspect that medical negligence caused your child's birth defect lawyer defects you should contact a medical malfeasance and birth injury lawyer as soon as you can.
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 how a child appears, acts and functions in life. Some are minor, while others can cause serious issues that could be fatal.
The causes of a child's birth defects could be due to genetic anomalies or a wide range of chemical and environmental factors. For example, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or medications.
In the scientific research, it is known that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects like the cleft lip and palate, spina bifida and muscular dystrophy.
While working, many mothers are exposed to a variety of harmful chemicals. They can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. These toxic substances can also be consumed by parents who take certain prescription and over-thecounter medicines. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure can also be a significant factor. Numerous different chemicals and toxins that are found in the home as well as in food items can increase the likelihood of a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints, and other chemical compounds. Exposure to these toxic substances is generally inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers are still trying to determine the root of the birth defect. It could be that an interaction with multiple factors could trigger the condition, but the problem is assessing these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from a variety of populations and follow them and their children over the course of time. This study will provide the most complete data to date about how various environmental factors affect fetal and child health.
Many parents who have a birth defect in their child feel guilt and believe that they caused it. However, these birth defects are often unavoidable. Our birth defect lawyers recognize this and are committed to families seeking justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was born with a medical issue that could have been prevented in the first place, you may be able to claim damages in an action for birth defects.
A New York birth defect attorney will be able to help you determine if your child's problem is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical expenses that are related to your child's illness based on the severity.
While the vast majority of birth defects are not caused due to medical negligence, there are instances in which a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor might incorrectly prescribe a medication which harms a baby before it is born, or they may commit a mistake during surgery.
Our birth defect lawyers have successfully brought cases against drug companies where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her child being born with birth defects. We have also brought birth defect lawsuits against companies who expose workers to hazardous substances in the workplace for example, a paint factory or semiconductor manufacturing companies.