25 Shocking Facts About Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect however, sometimes that's not always possible. If this happens, it's crucial 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 can help you get answers.
Medical Malpractice
When a doctor fails follow the accepted standard of practice in his or her field, it's considered medical malpractice. It could be a failure to conduct routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect or making a mistake during labor and birth.
Birth defects and birth injuries are often caused by environmental and genetic factors, but they can also be the result of a doctor's negligence. For instance when a doctor fails to recognize a congenital disorder in the uterus and fails to inform parents of this condition, parents may bring a wrongful birth claim seeking compensation for the ongoing costs associated with the disabled child.
A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty to the patient of care, that the doctor violated that duty, the doctor's actions or inability to act caused injuries and damages, and that the victim suffered economic and non-economic damages due to the injuries. These damages could include the costs of medical bills, lost wages, pain and suffering, and emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.
Toxic Chemicals
Every year thousands of children are born with a kind of birth defect within the United States. These defects vary in severity and impact way a child looks, acts and functions in life. Some are minor, whereas others can cause serious issues and can even be fatal.
The reasons for a child's birth defects may be due to genetic defects or a range of chemical and environmental factors. For instance, exposure to toxic chemicals could cause serious problems for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or drugs.
It is well-established in scientific literature that certain toxins and chemicals can enter the placenta and harm the unborn baby. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects such as lips, palates, and clefts as well as spina bifida.
While working, mothers are exposed a variety of toxic chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the production of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. Many drugs have not been properly tested on pregnant woman and may cause birth defects.
Environmental Exposure
Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only reason. The presence of numerous chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. These include pesticides, fungicides lead, heavy metals, certain paints and various chemical substances. Exposure to toxic substances is nearly always inevitable. However, when companies fail to protect pregnant employees, they're negligent and could be held responsible.
Researchers are still trying to determine the precise cause of a birth defect. It is possible that a mix of factors can cause the condition. The problem is to study the interactions in real-time. The National Children's Study is important because it is now underway across several states. The NCS will enroll 100,000 women from a representative population and follow their progress over time and also their children. This study will provide the most comprehensive data on how environmental factors affect the health of a child's fetus and.
Many parents who have a birth defect in their child feel guilty believing that they contributed to it. But, these problems are not always preventable. Our birth defect attorneys are aware of this and are dedicated in helping families whose children are born with birth defects.
Product Liability
Birth problems can be caused by many causes, from drug or alcohol use during pregnancy to genes. Fortunately, most of these causes can be prevented. If your child was born with a medical issue which could have been prevented, you may be entitled to claim damages through a birth defect lawsuit.
A New York birth defect attorney can assist you to determine if your child's condition is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills related to your child's condition according to the severity.
While the vast majority of birth defects aren't caused by medical negligence, there are instances when a healthcare worker was negligent before or during labor and delivery. A doctor may prescribe a medicine incorrectly, which causes harm to a baby even before birth, or make an error during surgery.
Our birth defect lawyers have successfully prosecuted claims against drug manufacturers in cases where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her having a child born with a birth defect. We have also filed birth defect lawsuits against companies who expose workers to harmful substances at work like a paint factory or semiconductor manufacturing company.