"Ask Me Anything": Ten Responses To Your Questions About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it's not possible. If this happens it is vital that stunned parents 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 defect law firm can provide answers.
Medical Malpractice
When a doctor fails follow the accepted standard of practice in his or her field, it's considered medical malpractice. This could mean 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 injuries are typically caused by genetic and environmental factors, but sometimes they are the result of a doctor's negligence or malpractice. For instance, if a physician does not recognize a congenital disability in utero and fails to inform parents of this impairment, parents can file a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.
In order to win a medical negligence case in birth defect cases the plaintiff has to prove that the doctor was in breach of a duty of care to the patient, and that he violated the duty, that his actions or inaction action directly caused damages and injuries and that he was a victim of economic and birth defect law firm non-economic damages as a result of the injuries. These damages could include costs of medical bills lost wages, pain and suffering, and emotional distress.
Some birth injuries and defects can be prevented with timely testing and monitoring during pregnancy, so it's essential for pregnant women to adhere to their doctor's recommendations about prenatal visits. If you suspect that medical malpractice caused the birth defect of your child Contact a medical negligence and birth injury attorney immediately.
Toxic Chemicals
Every year, thousands of children are born with some kind of birth defect in the United States. These birth defects can be of varying severity and impact the way a child acts, looks and performs. Some are minor, while others can cause serious issues and can even be fatal.
The reasons for a child's birth defects could be due to genetic abnormalities or a range of chemical and environmental factors. Exposure to harmful chemicals, for example causes serious complications in the infant. Our firm is determined to hold employers accountable for the exposure of pregnant women and newborn babies to harmful substances or medications.
It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta, affecting an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as the cleft palate and lips as well as spina bifida, and muscular dystrophy.
Many mothers are exposed to a wide variety of toxic chemicals while they are at work. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the fabrication of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. This is because many pharmaceuticals are not properly tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's not the only cause. The presence of a variety of chemicals and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides and pesticides, lead, heavy metals, certain paints and other chemical substances. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the root of the birth defect. It could be that a combination of factors may cause the condition. The next step is to study the effects of these factors 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 enrol 100 women from the representative population and follow them and their children for the long run. This study will provide the most complete data to date about 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 are responsible for it. However, these birth defects are often unavoidable. Our birth defect lawyers know this and are dedicated to families who seek justice for children who suffer from birth defects.
Product Liability
Birth defects are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, most of these causes can be avoided. If your child was born with a medical condition which could have been prevented, you may be entitled to compensation through an action for birth defects.
A New York birth defect attorney will be able to help you determine if your child's condition is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical bills related to your child's condition depending on the severity.
Although the vast majority of birth injuries are not caused due to medical negligence however, birth Defect law firm there have been instances where a doctor was negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication which harms a baby before it is born, or they may make an error during surgery.
Our birth defect lawyers have successfully pursued lawsuits against drug companies when a mother's medical care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child with a birth defect. We also have brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to toxic chemicals while in the workplace.