5 Laws Everyone Working In Birth Defect Litigation Should Know

DWQA QuestionsCategory: Questions5 Laws Everyone Working In Birth Defect Litigation Should Know
Rich Cross asked 11 months ago

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that’s impossible. If that happens it is imperative that parents who are in shock seek the help of seasoned birth defect lawyers.

Birth defects and injuries can result from medical malpractice and drugs that are harmful and exposure to environmental factors. A New York birth defects law firm can assist.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in their area, it is deemed medical malpractice. This might involve failing to perform routine prenatal tests and prescribing a medication that increases the chance of having a birth defect or making a mistake during the birth and delivery.

Birth birth defects and birth injuries are usually caused by genetic or environmental causes, but occasionally they occur due to an error or negligence of a physician. If a physician fails to detect congenital problems in utero and fails to notify parents that their child is disabled, parents may be eligible to file a claim for compensation in the event of a wrongful birth. for all expenses for their child’s disabilities.

A successful medical malpractice claim in birth defect cases demands that the doctor owed the patient a duty of care, that the doctor did not fulfill this duty, that the doctor’s actions or failure to act directly led to injuries and damages, birth Defect lawsuit and that the victim was harmed economically and non-economically due to his or her injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that medical malpractice caused your child’s birth defects you should contact a medical malfeasance and birth injury lawyer right away.

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 how a child appears, acts and functions in life. Some are minor, but others can cause serious issues and even be fatal.

The causes of birth defects may be due to genetic anomalies or a wide variety of environmental and chemical factors. Exposure to toxic chemicals, for example can trigger serious complications in the newborn. Our firm is committed in bringing employers to account when they expose pregnant women or their unborn children to harmful chemicals or medications.

In scientific literature, it has been established that certain chemicals and toxins may traverse the placenta and affect the unborn child. These toxins are teratogenic. The exposure to these chemicals can cause birth defects like the cleft lip and palate, spina bifida and muscular dystrophy.

Many mothers are exposed to an array of toxic chemicals while at work. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE), which are used in the manufacture of semiconductors. Parents may also be exposed chemicals when they consume certain prescription and over-the counter drugs. Many drugs have not been adequately tested on pregnant woman and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors can also play a role. The presence of numerous chemicals and toxins at the workplace, at home and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. However, when companies fail to protect pregnant workers they are negligent and can be held responsible.

Researchers are still unable to determine exactly what causes the specific birth defect. It could be that an interaction with multiple factors could trigger the condition, but the challenge is assessing these interactions in real time. This is why the National Children’s Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from representative population and track their progress over time, as well as their children. This study will provide comprehensive data on how environmental factors impact fetal and childhood 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 types of defects are inevitable. Our birth defect lawyers understand this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition that could have been prevented and you are entitled to recover damages through a birth defect law firms defect lawsuit [Read the Full Posting].

A New York birth defect attorney will be able help you determine if the condition of your child is due to an illness, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child’s condition, your legal team will also be able to determine the full cost of the medical bills that are qualified for compensation.

While the vast majority of birth defects aren’t caused by medical negligence, there are some instances in which a doctor or healthcare worker is negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication which harms an infant before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully litigated claims where a mother’s health care provider was exposed to prescription drugs or toxic chemicals, increasing the likelihood that she could give birth to a child who has birth defects. We also brought birth defect lawsuits against companies who expose workers to harmful substances in the workplace for example, a paint factory or semiconductor manufacturing companies.