Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it’s not possible. When that becomes a reality it is vital that parents in shock seek the help of experienced birth defect lawyers.
Birth problems and birth defect law firm injuries can be caused by medical malpractice or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defect law firm can help you get answers.
Medical Malpractice
If a doctor does not adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This could mean failing to perform routine prenatal tests or prescribing medication that increases the likelihood of a birth defect lawsuit defect or making a misstep during the labor and birth defect law firm delivery.
Birth defects and birth injuries are often the result of genetic and environmental causes, but sometimes they occur due to an error or negligence of a physician. For instance the case where a doctor is unable to identify a congenital disability in utero and fails to notify parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the physician breached this duty, that the doctor’s actions or inability to act led directly to 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 as well as pain and suffering and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the necessary testing and monitoring. If you believe that the birth defect of your child is due to 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 birth defects. These defects may be of different severity and impact the way a child acts, looks and performs. Some are minor, while others can cause serious issues and may even cause death.
Birth defects can result from genetic abnormalities or a variety of chemcial and environmental factors. For example exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.
It is well-established in the scientific research that certain toxins as well as chemicals can cross the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals may cause birth defects such as cleft lips, palates and spina bifida.
Many mothers are exposed to many toxic chemicals when they are working. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) which are used in the manufacturing of semiconductors. Parents may also be exposed toxic substances when they consume certain over-the-counter and prescription drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been shown to cause birth defects.
Environmental Exposure
While genetic disorders are among the most common causes of birth defects, exposure to environmental factors is also a major factor. Numerous different chemicals and toxins that are found in the home workplace, food and work environment can increase the chance of having a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints and other chemical compounds. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers aren’t able to determine exactly what causes a specific birth defect. It could be that a combination of factors can trigger the condition. The problem is to analyze the effects of these factors in real-time. The National Children’s Study is important because it is now underway in a variety of states. The NCS will enroll 100,000 women from a representative population and track their progress over time, as well as their children. This study will provide the most complete data to date about how different environmental factors affect fetal and child health.
Many parents suffering from a child’s birth defect are resentful that they have contributed to the disorder, but it’s usually the case that these kinds of issues are unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families who have children with birth defects.
Product Liability
Birth problems are caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided it is possible to claim damages in a lawsuit for birth defects.
A New York birth defect attorney can assist you to determine if your child’s illness is due to an illness, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child’s health condition, your legal team will also be able calculate the full cost of the associated medical bills that are admissible for compensation.
While the vast majority of birth defects are not caused due to medical negligence, there are some instances in which a doctor or healthcare worker is negligent before or during labor and delivery. A doctor could incorrectly prescribe a medication which harms the baby before it’s born, or they may make a mistake during surgery.
Our birth defect lawyers have successfully prosecuted cases against drug companies in which a mother’s health care provider has been exposed to prescription medication or toxic chemicals that increase the chance of her child being born with birth defects. We also have brought birth defect lawsuits against companies that expose employees to dangerous chemicals at work in a paint factory or semiconductor manufacturing companies.