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Birth Defect Lawsuits
Parents want their children to be perfect, but in some cases that's not possible. When that happens it is vital that stunned parents seek out the assistance of skilled 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 to adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. It could be a failure to perform routine prenatal tests, prescribing medication that increases the chance of having a birth defect or making a mistake during the labor and delivery.
birth defect lawyer surprise and birth injuries are usually caused by genetic or environmental causes, but sometimes they arise due to an error or negligence of a physician. For example the case where a doctor does not recognize an inborn disability and then fails to notify the parents of this disability, the parents can make a claim for wrongful birth seeking compensation for the lifetime expenses associated with the disabled child.
A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the doctor did not fulfill this duty, that the doctor's actions or inability to act directly caused injuries and damages, and that the victim suffered economic and non-economic damages due to his or her injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are crucial to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These birth defects can be of various severity and impact the way children behave, look and performs. Some are minor, while others can cause serious issues and may even cause death.
Birth defects can result from genetic disorders or a variety of chemcial and environmental factors. Exposure to harmful chemicals, for example can trigger serious complications in babies. Our firm is determined to hold employers accountable for exposing pregnant women and their newborn babies to harmful substances or drugs.
In the scientific literature, it is established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects like the cleft palate, lips and spina Bifida.
While they are working, mothers are exposed a variety of harmful chemicals. These chemicals can be ingested, inhaled or absorbed through the skin of the body. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents when they consume certain prescription and over-thecounter medicines. Many pharmaceuticals have not been properly tested on pregnant woman and have led to birth defects.
Environmental Exposure
Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only reason. The presence of numerous chemicals and toxins in the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is generally inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.
Researchers are still unable identify the exact cause of a particular birth defect. It is possible that a combination between a variety of factors could cause the problem, but the issue is evaluating 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 enrol 100,000 women from diverse populations as well as follow them and their children over the long term. This study will provide the most complete data available on how various environmental factors affect fetal and child health.
Many parents who have a birth defect in their child feel guilty because they believe they were responsible for the defect. However, these issues are often unavoidable. Our birth defect attorneys understand this and are committed to helping families with children with birth defects.
Product Liability
Birth defects can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was born with a medical condition that could have been avoided and you are entitled to compensation through a birth defect lawsuit.
A New York birth defect lawyer will be able to help you determine whether your child's illness is caused by chemical exposure, a medication or another environmental trigger that is a reason to seek compensation. Your legal team can calculate the total cost of medical bills for your child's condition based on the severity.
While the vast majority of birth defects are not caused by medical negligence, there are instances where a doctor or healthcare professional has been negligent prior to or during labor and birth. A doctor might prescribe a medicine incorrectly, which causes harm to a baby even before birth, or may make an error during surgery.
Our birth defect lawyers have successfully defended claims against drug manufacturers when a mother's medical healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her child being born with a birth defect. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers dangerous chemicals when they work.
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