Birth Defect Lawsuits
Parents want their children to be perfect but sometimes it’s impossible. When this happens, it’s vital that parents who are stunned seek the assistance of a seasoned birth defect lawyers.
Birth defects and injuries can be caused by medical negligence and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical malpractice occurs when a doctor violates the accepted standard of medical care in their area of expertise. This could include failing to perform prenatal screening or prescribing medications that increase the chance of birth defects or making a mistake during labor or delivery.
Birth defects and birth injury are often caused by environmental and genetic causes, but they can also be the result of a doctor’s negligence. If a physician fails to detect congenital disabilities in utero and fails to inform parents, the parents may be legally able to file a case for compensation in the event of a wrongful birth. for all the costs associated with their disabled child.
A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the doctor violated this 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 expenses 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 testing and monitoring. If you believe that the birth defect of your child is due to medical malpractice, speak to 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 range in severity and affect the how a child appears and behaves in life. Some are minor, while others can lead to serious issues that could be fatal.
Birth birth defects can be caused by genetic anomalies or a range of chemcial and environmental causes. Exposure to harmful chemicals, for example causes serious complications in the infant. Our company is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.
In scientific research, it is known that certain chemicals and toxins may cross the placenta to affect an unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals may cause birth defects like the cleft lip and palate, spina bifida and muscular dystrophy.
While working, many mothers are exposed to a range of harmful chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. These toxic substances can also be consumed by parents when they take certain prescription and over-the-counter 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 frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of numerous chemicals and toxins at 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, and certain chemicals are also included. Exposure to these toxins is almost always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.
Researchers are still unable determine exactly what causes a specific birth defect. It is possible that a mix of factors can trigger the condition. The problem is to evaluate the effects of these factors in real-time. The National Children’s Study is important because it is now underway in a number 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 comprehensive data on how environmental factors impact the health of infants and children.
Many parents who suffer from a birth defect in their child feel guilty and believe that they caused it. However, these issues are usually inevitable. Our birth defect law firm defect lawyers know 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 range of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these issues can be prevented. If your child was diagnosed with a medical condition that could have been avoided it is possible to seek compensation through an action for birth defects.
A New York birth defect lawyer will be able to help you determine if your child’s condition is the result of chemical exposure, a drug or any other environmental cause which is eligible for compensation. Depending on the severity of your child’s condition your legal counsel will also be able to calculate the total cost of associated medical expenses that are qualified for compensation.
Although the vast majority of birth injuries are not caused due to medical negligence, there have been cases where a doctor has been negligent during or prior to labor and birth. A doctor might prescribe a medication that harms a baby even before birth, or make an error during surgery.
Our birth defect lawyers have successfully pursued lawsuits against drug makers in cases where a mother’s health care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her having a child with birth defects. We also brought birth defect lawsuits against companies that expose workers to hazardous substances while working in a paint factory or semiconductor manufacturing companies.