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on June 13, 2024
Birth Defect Lawsuits
Parents wish their children to be perfect, but in some cases that's impossible. If that happens it is imperative that parents in shock seek out the assistance of skilled birth defect lawyers.
Birth injuries and birth defects can be caused by medical malpractice, drugs that are dangerous and exposure to environmental factors. A New York birth defect law firm can help you get answers.
Medical Malpractice
Medical malpractice is when a doctor is in violation of the accepted standard of care in his or her field. This may include failing to perform prenatal screening and prescribing medicines that increase the risk of birth defects or committing an error during labor or delivery.
Birth defects and birth injuries are typically caused by genetic or environmental causes, however sometimes they arise due to an error or negligence of a physician. For example the case where a doctor is unable to identify an inborn disability and then fails to notify parents of the impairment, parents can make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the disabled child.
To prevail in a medical malpractice case in birth defects the plaintiff has to prove that the doctor was bound by a duty of duty to the patient, that he breached the duty, and that his actions or inaction action directly led to damages and injuries, and that he suffered economic and noneconomic damage due to the injuries. These damages could include medical bills and lost wages, as well as emotional stress.
Prenatal visits are important to ensure that pregnant women receive the proper tests and monitoring. If you suspect that medical negligence caused the birth defect of your child, 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 defects can be of varying severity and impact the way the child behaves, looks and performs. Some are minor, while others can cause serious problems that may be fatal.
The causes of birth defects may be due to genetic abnormalities or a variety of environmental and chemical factors. Exposure to harmful chemicals, for instance causes serious complications in a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and newborn babies to harmful substances or medications.
In scientific literature, it has been established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals may cause birth defects like lips, palates, and clefts as well as spina Bifida.
While they are working, mothers are exposed to a range of harmful chemicals. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription and over-thecounter medicines. This is because many pharmaceuticals are not properly tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most frequent causes of birth defects, environmental exposure is also a major cause. The presence of a variety of toxins and chemical compounds in the workplace, at home and in food can increase the risk of developing birth defects. This includes fungicides and pesticides, lead, heavy metals, certain paints, and various chemical substances. Exposure to toxic substances is almost always inevitable. But, when businesses fail to protect pregnant workers, they're negligent and could be held responsible.
Researchers are still trying to find the precise cause of a birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the problem is evaluating these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from a variety of populations and follow them and their children for the long term. This study will provide the most complete data to date about how a variety of environmental factors impact fetal as well as child health.
Many parents who suffer from a birth defect in their child feel guilt believing that they contributed to it. However, these defects are often unavoidable. Our birth defect lawyers know this and are dedicated to families who seek justice for children who suffer from birth defects.
Product Liability
Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition that could have been avoided or prevented, you could be entitled to claim damages in an action for birth defects.
A New York birth defect lawyer will be able to help you determine whether your child's condition is the result of an exposure to chemicals, medication or other environmental trigger that is eligible for compensation. Your legal team can calculate the total cost of medical expenses that are related to your child's illness in relation to the severity.
Although the majority of birth defects aren't caused due to medical negligence, there are occasions when a healthcare worker is negligent prior to or during labor and delivery. A doctor might prescribe a medication in a way that harms a baby even before birth, or may make an error during surgery.
Our birth defect attorneys have successfully pursued claims in which a mother’s health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chances that she will give birth to a baby with birth defects. We also have brought birth defect lawsuits against companies that expose their workers to dangerous chemicals in the workplace in a paint factory or semiconductor manufacturing company.