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June 17, 2024
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Birth Defect Lawsuits
Parents want their children perfect but sometimes it's not possible. When that happens it is vital for parents to seek the help of seasoned birth defect lawyers.
Birth injuries and birth defects could be caused by medical negligence or drugs that pose a risk and exposure to environmental factors. A New York birth defect law firm can help you get answers.
Medical Malpractice
Medical malpractice occurs when a doctor violates the accepted standard of medical care in their area of expertise. This could mean failing to perform prenatal testing, prescribing medications that increase the chance of birth defects or making a mistake during labor and birth.
Birth defects and birth injuries are often due to genetic and environmental causes, however sometimes they are the result of an error or negligence of a physician. For instance, if a physician fails to detect the presence of a congenital defect in utero and fails to inform parents of this disability, the parents may file a wrongful birth claim seeking compensation for the lifelong 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 was in breach of a duty of duty to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly resulted in injuries and damages and that the plaintiff suffered economic and noneconomic damages as a result of the injuries. These damages could include medical bills as well as lost wages and emotional stress.
Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to adhere to their doctor's recommendations regarding prenatal appointments. If you suspect that medical negligence caused your child's birth defects Contact a medical negligence and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with a kind of birth defect within the United States. These birth defects are of various degrees and impact the way a child acts, looks and functions. Some are minor while others can cause serious problems and can even be fatal.
The reasons for a child's birth defects may be due to genetic defects or a range of environmental and chemical factors. Exposure to harmful chemicals, for example, can cause serious complications in the infant. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn children to harmful substances or drugs.
In scientific literature, it is established that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn child. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals could cause birth defects, such as cleft lips and palates as well as spina Bifida and muscular dystrophy.
Many mothers are exposed to various toxic chemicals when they are working. These chemicals can be ingested or inhaled through the skin of the body. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the manufacturing of semiconductors. These contaminants can also be ingested by parents who take certain prescription and over-the-counter drugs. Many drugs have not been thoroughly tested on pregnant women and have resulted in birth defects.
Environmental Exposure
While genetic disorders are one of the most frequent causes of birth defects, environmental exposure can also play a role. A variety of toxins and chemicals found in the home as well as in food items can increase the risk of having a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxins is generally inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.
Researchers are still unable pinpoint exactly what causes a particular birth defect. It is possible that a combination of factors may cause the condition. The next step is to analyze the effects of these factors in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enrol 100 women from the representative population and will follow them and their children for the long run. This study will provide the most complete information on how environmental factors impact the health of a child's fetus and.
Many parents who suffer from a birth defect in their child feel guilt and believe that they caused it. However, these birth defects are usually unavoidable. Our birth defect lawyers understand this and are committed to families who seek justice for children suffering from birth defects.
Product Liability
Birth problems can be caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. However, many of these causes can be avoided. If your child was born with a medical condition which could have been prevented in the first place, you may be able to claim damages in an action for birth defects.
A New York birth defect attorney can assist you to determine if the condition of your child is caused by an illness, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical bills related to your child's condition depending on the severity.
Although the majority of birth defects are not caused by medical negligence, there are some instances where a healthcare worker is negligent before or during labor and delivery. A doctor could incorrectly prescribe a medication which harms the baby before it is born, or they may commit a mistake during surgery.
Our birth defect lawyers have successfully prosecuted claims against drug manufacturers in cases where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her child being born with birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to harmful chemicals at work.
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