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Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's not possible. When this happens, it's essential that parents who are stunned seek the assistance of a seasoned birth defect lawyers.
Birth problems and injuries can be caused by medical negligence and dangerous drugs, and environmental exposure. A New York birth defects law firm can help.
Medical Malpractice
If a physician fails to follow the accepted standard of practice in his or her region, it's deemed medical malpractice. This could include not performing prenatal tests or prescribing drugs that increase the likelihood of birth defects or making a mistake during labor or delivery.
Birth defects and birth injuries can be the result of genetic and environmental causes, but sometimes they arise due to medical negligence or malpractice. If a doctor fails detect congenital disabilities during pregnancy and fails to inform parents of the problem they may be legally able to file a case for compensation due to a birth defect for all expenses related to their child's disability.
A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damage due to his or her injuries. These damages could include medical expenses or lost wages, as well emotional distress.
Certain birth problems and injuries can be avoided by timely testing and monitoring during pregnancy. It's essential for pregnant women to adhere to their doctor's recommendations about prenatal visits. If you believe that your child's birth defect is the result of medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect within the United States. These birth defects can vary in severity and impact way a child looks and behaves throughout life. Some are minor and others can lead to serious problems that may be fatal.
Birth defects can be caused by genetic abnormalities or a variety of chemcial or environmental factors. For example exposure to toxic chemicals can cause serious complications for a newborn. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn children to harmful substances or medications.
It is well-established in scientific studies that certain toxicants and chemicals can pass through the placenta, affecting an unborn baby. These chemicals are teratogenic. birth defect attorney plano to these teratogenic chemicals may cause birth defects such as Cleft lips and palates as well as spina Bifida and muscular dystrophy.
Many mothers are exposed various toxic chemicals while they are at work. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also play a role. Many different chemicals and toxins that are found in the home workplace, food and work environment can increase the likelihood 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 nearly always inevitable. However, when companies do not take precautions to protect pregnant employees, they are negligent and can be held accountable.
Researchers are still unable to pinpoint the exact cause of a birth defect. It could be that an interaction between a variety of factors could cause the condition, but the difficulty is evaluating the effects of these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative population and follow them over time, as well as their children. This study will provide the most complete information to date on how many environmental factors influence fetal and child health.
Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the condition, however it is often the case that these kinds of defects are unavoidable. Our birth defect lawyers understand this and are committed to families who seek justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to claim damages in lawsuits for birth defects.
A New York birth defect attorney will be able help you determine if your child's problem is due to an illness, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's illness your legal team will be able to estimate the full cost of the associated medical expenses that are admissible for compensation.
Although the majority of birth defects are not caused due to medical negligence, there are some instances in which a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor may prescribe a medication that injures the baby before it is born, or they may make a mistake during surgery.
Our birth defect attorneys have successfully defended claims in which a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chance that she could give birth to a child who has birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers to dangerous chemicals in the workplace.