Demetra Miah asked 4 months ago
Birth Defect Lawsuits
Parents wish their children to be perfect, but sometimes that’s not possible. If this happens, it’s essential parents who are shocked seek the assistance of a seasoned birth defects lawyers.
Birth defects and injuries can result from medical malpractice and drugs that are harmful and exposure to environmental factors. A New York birth defect law firm can help you find answers.
Medical Malpractice
If a physician fails to follow the accepted standard of practice in his or her field, it’s considered medical malpractice. This might involve failing to perform routine prenatal testing or prescribing medication that increases the chance of having a birth defect or committing a lapse during the labor and delivery.
Birth birth defects and birth injuries can be the result of genetic and environmental causes, however sometimes they are caused by an error or negligence of a physician. For example in the event that a physician fails to detect the presence of a congenital defect in utero and then fails to notify the parents of this impairment, parents can file a wrongful birth claim seeking compensation for all the lifetime expenses incurred by the disabled child.
To prevail in a medical negligence case in birth defects the plaintiff has to prove that the doctor was bound by a duty of duty to the patient, that he failed to fulfill the duty, that his actions or inaction action directly triggered injuries and damages and that he suffered economic and noneconomic damage because of the injuries. These damages could include medical bills or lost wages, as well emotional distress.
Some birth problems and injuries can be avoided with timely testing and monitoring during pregnancy. Therefore, it’s essential for pregnant women to adhere to their doctor’s recommendations about prenatal visits. If you suspect that your child’s birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.
Toxic Chemicals
In the United States, thousands of babies are born every year with birth defects. These birth defects may be of different severity and affect the way that the child behaves, looks and performs. Some are minor, while others can cause serious problems and can even be fatal.
The reasons for a child’s birth defects can be attributed to genetic defects or a range of chemical and environmental factors. Exposure to toxic chemicals, for example causes serious complications in babies. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful medications or substances.
It is well-established in scientific research that certain toxins as well as chemicals can cross the placenta and affect the unborn baby. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects like cleft lips, palates and spina Bifida.
While they are working, many mothers are exposed to a range of toxic chemicals. They can be ingested or inhaled through the skin of the body. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the production of semiconductors. Parents can also be exposed to these poisons when they consume certain prescription and over-the-counter drugs. A lot of pharmaceuticals haven’t been thoroughly tested on pregnant women and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most common causes of birth defects, Birth Defect Law Firm exposure to environmental factors is also a major factor. Numerous different chemicals and birth defect law firm toxins found in our homes or workplace can increase the risk of having a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers are still trying to find the precise cause of a birth defect. It is possible that a variety of factors may cause the condition. The problem is to study the interactions in real-time. The National Children’s Study is important since it is currently in process in a variety of states. The NCS will enroll 100,000 women from representative populations and monitor them and their children for the course of time. This study will provide the most complete data available on how different environmental factors affect fetal and child health.
Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the disorder, but it is the norm that these types of defects are not a choice. Our birth defect lawyers are aware of this and are committed to helping families who have children who have birth defects.
Product Liability
Birth problems can be caused by many causes, ranging from drugs or alcohol consumption during pregnancy to genes. However, many of these issues can be prevented. If your child was born with a medical issue that could have been avoided and you are entitled to recover damages through an action for birth defects.
A New York birth defect lawyer can assist you determine whether your child’s illness is caused by chemical exposure, a medication or another environmental trigger that is eligible for compensation. Based on the degree of your child’s illness, your legal team will be able to estimate the full cost of the medical bills that are qualified for compensation.
While the vast majority of birth defects aren’t caused due to medical negligence, there are occasions where a healthcare worker is negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication that injures a baby before it is born, or commit a mistake during surgery.
Our birth defect attorneys have successfully litigated claims in which a mother’s health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she would give birth to a baby with birth defects. We also have brought birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to hazardous substances during their work.