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Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes that's not possible. If this happens, it's important parents who are shocked seek the help of experienced birth defects lawyers.
Birth defects and injuries can be caused by medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defects law firm can help.
Medical Malpractice
If a physician fails to adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This may include failing to perform prenatal testing and prescribing medicines that increase the likelihood of birth defects or making a mistake during labor or delivery.
Birth defects and birth injuries can be caused by environmental and genetic causes, however, they can also be caused by an error by a doctor. For instance when a doctor is unable to identify a congenital disability in utero and fails to notify parents of the condition, parents may make a claim for wrongful birth seeking compensation for the lifelong costs associated with the disabled child.
In order to prevail in a medical negligence case in birth defect cases, the plaintiff must prove that the doctor owed a duty of care to the patient, that he failed to fulfill that duty, that his actions or lack of action directly led to damages and injuries and that the patient suffered economic and noneconomic damage as a result of the injuries. These damages may include costs of medical bills, lost wages, pain and suffering, and emotional distress.
Certain birth injuries and defects are preventable by timely testing and monitoring during pregnancy. It's important for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you believe that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect in the United States. These birth defects can range in severity and impact the how a child appears and behaves throughout life. Some are minor, while others can cause serious problems and may even cause death.
The reasons for a child's birth defects could be due to genetic defects or a variety of environmental and chemical factors. For example exposure to toxic chemicals can cause serious complications for a newborn. birth defect attorney santa barbara is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.
It is well-established in scientific research that certain toxins as well as chemicals can cross the placenta and harm an unborn baby. These toxins are called teratogenic. Teratogenic chemicals can cause birth defects such as cleft lips, palates and spina bifida.
While they are working, mothers are exposed of harmful chemicals. They can be inhaled or inhaled through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. These contaminants can also be ingested by parents while they are taking 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
While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors is also a major factor. Many different chemicals and toxins found in the home workplace, food and work environment can increase the chance of a birth defect. This includes fungicides, pesticides and lead, as well as heavy metals, certain paints and various chemical substances. Exposure to these toxic substances is generally inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.
Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that a combination between several factors can cause the condition, but the problem is evaluating these interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enrol 100,000 women from a variety of populations and monitor them and their children over the long run. This study will provide the most comprehensive information about how environmental factors impact the health of children and fetuses.
Many parents who suffer from a birth defect in their child feel guilt and believe that they contributed to it. However, these defects are often unavoidable. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children suffering from birth defects.
Product Liability
Many birth defects are caused by a range of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was born with a medical issue that could have been prevented and you are entitled to recover damages through a birth defect lawsuit.
A New York birth defect attorney will be able help you determine if the condition of your child is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition, your legal team will be able to estimate the total cost of medical bills that are suitable for compensation.
Although the majority of birth defects aren't caused due to medical negligence, there are instances when a healthcare worker was negligent before or during labor and birth. A doctor may prescribe a medicine that hurts an infant before it is born, or make an error during surgery.
Our birth defect lawyers have successfully prosecuted lawsuits against drug makers where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child developing birth defect. We also brought birth defect lawsuits against companies who expose workers to harmful substances at work, such as a paint factory or semiconductor manufacturing company.
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