25 Surprising Facts About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect but sometimes it's not always possible. When this happens, it's essential that parents who are stunned seek out the help of experienced birth defect lawyers.
Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York Birth defect law firm (http://www.Annunciogratis.net/) can help you get answers.
Medical Malpractice
When a doctor fails adhere to the accepted standard of practice in his or her area, it is deemed medical malpractice. This could mean failing to conduct routine prenatal testing or prescribing medications that increase the likelihood of birth defect or committing a lapse during labor and birth.
Birth defects and birth injuries are often caused by genetic and environmental factors, however, they can also be a result of the negligence of a doctor. If a doctor fails detect congenital defects in utero, and then fails not to notify parents of the condition, parents might be able to file a claim for compensation due to a birth defect for all the costs related to their child's disability.
In order 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, that he failed to fulfill that duty, that his actions or inaction action directly resulted in injuries and damages and that he suffered economic and non-economic losses because of the injuries. These damages could include medical bills and lost wages, as well as emotional stress.
Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These defects can be of varying severity and impact the way the child behaves, looks and functions. Some are minor while others can cause serious problems and may even cause death.
The reasons for a child's birth defects could be due to genetic abnormalities or a variety of chemical and environmental factors. For example exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn children to harmful substances or medications.
It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta to affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects, such as cleft lips, palates and spina Bifida.
Many mothers are exposed to many harmful chemicals when they are at work. 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 production of semiconductors. These toxins can also be ingested by parents when they consume certain prescription and over-the-counter drugs. Many drugs have not been thoroughly tested on pregnant women and have resulted in birth defect lawsuit defects.
Environmental Exposure
While genetic disorders are among the most common causes of birth defects, exposure to environmental factors can also play a role. A variety of toxins and chemicals that are found in the home or workplace could increase the chances of having a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are still trying to find the root of the birth defect. It is possible that a combination of factors can trigger the condition. The trick is to assess the interactions in real-time. The National Children's Study is important because it is in progress across several states. The NCS will enroll 100,000 women from a variety of populations and will follow them and their children over the long-term. This study will provide the most comprehensive data available on how different environmental factors impact fetal as well as child health.
Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the problem, but it's often the case that these kinds of problems are inevitable. Our birth defect lawyers recognize this and are committed to helping families seek justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. However, many of these causes can be prevented. If your child was born with a medical condition that could have been avoided, you may be entitled to claim damages in an action for birth defects.
A New York birth defect lawyer will be able to assist you determine whether your child's illness is caused by chemical exposure, a drug or other environmental factor that is a reason to seek compensation. Based on the severity of your child's illness, your legal team will be able to estimate the full cost of the medical bills that are suitable for compensation.
Although the majority of birth defects aren't caused due to medical negligence, there are instances in which a doctor or healthcare worker has been negligent before or during labor and birth. A doctor might prescribe a medication incorrectly that can harm a baby before the birth, or make an error during surgery.
Our birth defect attorneys have successfully prosecuted allegations that a mother's health care provider was exposed to toxic chemicals or prescription drugs which increased the chances that she will give birth to a child suffering from birth defects. We have also brought birth defect lawsuits against companies who expose workers to dangerous substances while working in a paint factory or semiconductor manufacturing companies.