What NOT To Do During The Birth Defect Litigation Industry
Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes it's not feasible. When that happens it is imperative that stunned parents seek the assistance of experienced 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 find answers.
Medical Malpractice
When a doctor fails adhere to the accepted standard of practice in their field, it's considered medical malpractice. It could be a failure to perform routine prenatal tests or prescribing medication that increases the chance of having a birth defect, or making a mistake during labor and delivery.
Birth birth defects and birth injuries are typically caused by genetic or environmental causes, however sometimes they arise due to a doctor's negligence or malpractice. If a physician fails to detect congenital disabilities during pregnancy and fails to notify parents they may be legally able to file a case for compensation due to a birth defect for all the expenses that are associated with their disabled child.
A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the doctor violated that duty, the doctor's negligence or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic losses due to his or her 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 required tests and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury attorney immediately.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These defects can vary in severity and impact the way that a child appears and behaves in life. Some are minor, but others can cause serious problems and may even cause death.
The causes of a child's birth defects could be due to genetic anomalies or a wide range of environmental and chemical factors. For example, exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.
In the scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect an unborn child. These chemicals are teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.
While working, many mothers are exposed a variety of harmful chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) that are used in the manufacture of semiconductors. Parents may be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. Many drugs have not been thoroughly tested on pregnant women and have led to birth defects.
Environmental Exposure
Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's not the only one. Many different chemicals and toxins found in our homes as well as in food items could increase the chances of having a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. However, when employers fail to protect pregnant employees they're negligent and may be held accountable.
Researchers are still trying to find the exact cause of a birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the difficulty is evaluating the interactions in real-time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from a variety of populations as well as follow them and their children for the long-term. This study will provide the most comprehensive data to date about how many environmental factors impact fetal as well as child health.
Many parents who suffer from a birth defect in their child feel guilty believing that they contributed to it. However, these issues are often unavoidable. Our birth defect attorneys understand this and are dedicated in helping families who have children who have birth defects.
Product Liability
Birth problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, most of these causes can be cured. If your child was born with a medical condition that could have been avoided and you are entitled to claim damages in a birth defect lawsuit.
A New York birth defect attorney will be able help you determine if your child's condition is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's condition your legal counsel will also be able calculate the total cost of associated medical expenses that are suitable for compensation.
While the majority of these cases are not caused due to medical negligence however, there have been instances in which a doctor was negligent during or before labor and birth. A doctor might incorrectly prescribe a medicine that hurts the baby before it's born, or they may make a mistake during surgery.
Our birth defect attorneys have successfully pursued claims in which a mother’s health care provider was exposed to prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child with birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers who expose their workers to harmful chemicals in the workplace.
