What The Heck What Is Birth Defect Litigation
Birth Defect Lawsuits
Parents wish their children to be perfect, but sometimes that's impossible. If this happens, it is essential for parents to seek the help of seasoned birth defect lawyers.
Birth problems and injuries can result from medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York skokie birth defect attorney defect law firm can provide answers.
Medical Malpractice
When a doctor fails to follow the accepted standard of practice in his or her area, it is deemed medical malpractice. This could be due to not performing prenatal tests or prescribing drugs that increase the risk of birth defects or making a mistake during labor or delivery.
Birth defects and birth injuries can be caused by genetic and environmental causes, however sometimes they arise due to a doctor's negligence or malpractice. For instance the case where a doctor fails to detect a congenital disability in utero and then fails to notify parents of this condition, parents may make a claim for wrongful birth seeking compensation for the ongoing expenses associated with the disabled child.
In order to win a medical malpractice claim in birth defects the plaintiff must demonstrate that the doctor owed a duty of duty to the patient, and that he violated that duty, that his actions or lack of action directly led to damage and injuries, and that he suffered economic and noneconomic damages due to the injuries. These damages could include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the necessary tests and monitoring. If you believe that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year, thousands of children are born with some form of birth defect in the United States. These defects are of various degrees and impact the way a child acts, looks and performs. Some are minor and others can lead to serious issues that could be fatal.
Birth defects can result from genetic defects or a range of chemcial and environmental factors. For instance exposure to toxic chemicals could cause serious health issues for newborns. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn children to harmful substances or drugs.
It is well-established in scientific studies that certain toxicants and chemicals can enter the placenta, affecting an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects, such as Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
Many mothers are exposed an array of harmful chemicals when they are working. They can be ingested or inhaled through the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) that are used in the manufacturing of semiconductors. Parents can also be exposed toxins when they are consuming certain prescription and over-the-counter drugs. A lot of pharmaceuticals haven't been properly tested on pregnant women and have led to birth defects.
Environmental Exposure
Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's not the only reason. The presence of numerous chemicals and toxins in the home, at work and in food can increase the risk of developing birth defects. This includes fungicides, pesticides, lead, heavy metals, certain paints and Birth Defect Lawyer various chemical substances. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.
Researchers are still unable to identify the exact cause of a particular birth defect. It could be that a combination of factors could cause the condition. The next step is to analyze these interactions in real-time. The National Children's Study is important since it is currently in process in a number of states. The NCS will enroll 100,000 women from a representative population and follow their progress over time and their children. This study will provide comprehensive information about how environmental factors affect the health of children and fetuses.
Many parents who are suffering from a child's birth defect feel guilty for having contributed to the condition, however it is often the case that these kinds of issues are not a choice. Our birth defect lawyers are aware of 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 factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was born with a medical condition which could have been prevented in the first place, you may be able to claim damages through an action for birth defects.
A New York birth defect lawyer will be able to help you determine whether your child's condition was caused by a medication, chemical exposure or any other environmental cause that could be eligible for compensation. Your legal team can estimate the total cost of medical bills associated with your child's condition in relation to the severity.
Although the majority of birth defects aren't caused by medical negligence, there are cases when a healthcare professional has been negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication that injures an infant before it is born, or they may make an error during surgery.
Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in which a mother's health care provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her child developing birth defect. We have also filed birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to hazardous substances in the workplace.