Birth Defect Lawsuits
Parents want their children to be perfect, but in some cases that’s not feasible. If that happens, it is essential for parents to seek the help of seasoned 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 help you get answers.
Medical Malpractice
When a doctor fails to adhere to the accepted standards of practice in their area, it is considered medical malpractice. This might involve failing to conduct routine prenatal testing or prescribing medication that increases the likelihood of a birth defect or making a misstep during the birth and delivery.
Birth birth defects and birth injuries are typically due to genetic and environmental causes, but sometimes they are the result of an error or negligence of a physician. For example when a doctor does not recognize a congenital disability in utero and then fails to notify parents of this condition, parents may bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.
In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor was bound by a duty of duty to the patient, and that he did not fulfill this duty, that his actions or lack of action directly led to damages and injuries, and that he was a victim of economic and non-economic damages because of the injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are important to ensure that pregnant women receive the required tests and monitoring. 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 as soon as possible.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These defects can be of various severity and impact the way a child acts, looks and performs. Some are minor, but others can lead to serious issues that could be fatal.
Birth defects can be caused by genetic anomalies or a range of chemcial or environmental factors. Exposure to toxic chemicals, for instance could cause serious problems in a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or medications.
In the scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect the unborn child. These toxins are teratogenic. Teratogenic chemicals can cause birth defects like lips, palates, and clefts as well as spina bifida.
While working, mothers are exposed a variety of toxic chemicals. These chemicals can be consumed, inhaled or absorbed through the body’s skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the production of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription and over-the-counter drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been proven to 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 many different chemical compounds and toxins in the home, at work and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most common. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is almost always inevitable. However, when companies fail to protect pregnant employees, they’re negligent and could be held accountable.
Researchers are still unable pinpoint exactly what causes a particular birth defect. It is possible that a combination of factors could cause the condition. The challenge is to evaluate these interactions in real-time. This is why the National Children’s Study, now getting under way in several states, is so crucial. The NCS will enrol 100,000 women from representative populations and follow them and their children over the long run. This study will provide the most complete data to date on how many environmental factors affect fetal and child health.
Many parents who have a birth defect in their child feel guilt, believing that they were responsible for the defect. But, these problems are usually inevitable. Our birth defect attorney defect lawyers understand this and are committed to helping families who have children with birth defects.
Product Liability
Many birth defects result from a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical issue that could have been prevented, you may be entitled to claim damages in a birth defect lawsuit.
A New York birth defect attorney can help you determine if your child’s illness is due to the use of a medicine, chemical or environmental exposure that is eligible for compensation. Based on the severity of your child’s illness the legal team will be able to estimate the full cost of the medical bills admissible for compensation.
Although the vast majority are not due to medical negligence there are instances in which a doctor was negligent during or prior birth Defect lawsuit to labor and birth. A doctor could prescribe a medicine incorrectly, which harms a baby even before birth, or even make an error in surgery.
Our birth defect lawyers have successfully brought lawsuits against drug companies where a mother’s health care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child developing a birth defect. We also have brought birth defect lawsuits against semiconductor and paint factories that expose their workers hazardous substances at work.