Birth Defect Lawsuits
Parents want their children to be perfect, but sometimes it's impossible. If that happens it is crucial that parents in shock seek the help of seasoned birth defect lawyers.
Birth defects and injuries can result from medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defects law firm can assist.
Medical Malpractice
When a doctor fails to follow the accepted standard of practice in their region, it's deemed medical malpractice. This could be due to failing to perform prenatal screening or prescribing medications that increase the likelihood of birth defects or making a mistake during labor and delivery.
Birth defects and birth injury are often caused by environmental and genetic factors, however, they can also be the result of the negligence of a doctor. For instance the case where a doctor fails to recognize a congenital disorder in the uterus and fails to notify parents of this condition, parents may make a claim for wrongful birth seeking compensation for the lifetime expenses associated with the disabled child.
In order to prevail in a medical malpractice case in birth defects the plaintiff has to prove that the doctor owed a duty of duty to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly triggered damage and injuries, and that the plaintiff was a victim of economic and non-economic damages as a result of the injuries. These damages could include medical bills as well as lost wages and emotional stress.
Some birth injuries and defects can be prevented by timely testing and monitoring during pregnancy. It's essential for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with some type of birth defect in the United States. These defects may be of different severity and impact the way the child behaves, looks and functions. Some are minor, whereas others can cause serious issues and may even cause death.
The reasons for a child's birth defects can stem from genetic abnormalities or a variety of environmental and chemical factors. For instance exposure to toxic chemicals can 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 drugs.
In scientific literature, it is established that certain chemicals and toxins may traverse the placenta and affect an unborn child. These toxins are called teratogenic. The exposure to these teratogenic chemicals could cause birth defects like Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.
While working, many mothers are exposed to a range of toxic chemicals. They can be ingested, inhaled or absorbed through the body's 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 poisons 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 demonstrated to cause birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of various toxins and chemical compounds in the home, at work and in food can increase the risk of birth defects. This includes fungicides, pesticides, lead, heavy metals, certain paints and other chemical substances. Exposure to these toxins is almost always inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers have yet to pinpoint the root of the birth defect. It is possible that a variety of factors can trigger the condition. The next step is to study these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a variety of populations and follow them and their children for the course of time. This study will provide the most complete data to date on how a variety of 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 were responsible for the defect. However, these birth defects are not always preventable. Our birth defect lawyers recognize this and are dedicated to families who 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
birth defect alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was born with a medical issue which could have been prevented in the first place, you may be able to compensation through an action for birth defects.
A New York
birth defect attorney will be able to help you determine if the condition of your child is caused by 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 also be able to determine the full cost of the associated medical bills that are qualified for compensation.
While the majority of these cases are not the result of medical negligence, there have been cases where a doctor was negligent during or before labor and delivery. A doctor might prescribe a medication in a way that harms a baby even before birth, or even make an error during surgery.
Our birth defect lawyers have successfully defended claims where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the chances that she will give birth to a baby with birth defects. We also have brought birth defect lawsuits against companies that expose workers to dangerous chemicals while working in a paint factory or semiconductor manufacturing companies.