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on June 23, 2024
Birth Defect Lawsuits
Parents want their children perfect but sometimes it's not possible. If that happens it is imperative for parents to seek out the assistance of skilled birth defect law firms defect lawyers.
Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.
Medical Malpractice
Medical negligence occurs when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This may include failing to conduct prenatal testing, prescribing medications that increase the chance of birth defects or making a mistake during labor or delivery.
Birth defects and birth injuries are usually caused by environmental and genetic factors but they can also be caused by the negligence of a physician. For example the case where a doctor fails to detect a congenital disability in utero and fails to notify parents of the disability, the parents may bring a wrongful birth claim seeking compensation for the lifetime expenses incurred by the disabled child.
In order to win a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor was in breach of a duty of duty to the patient, and that he violated this duty, that his actions or lack of action directly resulted in damages and injuries and that the plaintiff suffered economic and noneconomic damages as a result of the injuries. These damages could include the costs of medical bills lost wages as well as pain and suffering and emotional distress.
Prenatal visits are necessary 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 lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with some form of birth defect in the United States. These birth defects can be of various severity and affect the way that children behave, appear and functions. Some are minor and others can lead to serious problems that may be fatal.
The causes of a child's birth defect attorneys defects can be attributed to genetic disorders or a variety of chemical and environmental factors. For instance, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or drugs.
In scientific literature, it is established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects like lips, palates, and clefts as well as spina bifida.
Many mothers are exposed to a wide variety of toxic chemicals while working. These chemicals can be inhaled, inhaled or absorbed through the skin of the body. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) employed in the manufacture of semiconductors. Parents may be exposed to these chemicals when they consume certain prescription and over-the-counter drugs. Many medications have not been adequately tested on pregnant woman and may cause birth defects.
Environmental Exposure
Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's not the only one. The presence of a variety of chemicals and toxins at the home, at work and in food can increase the risk of birth defects. These include fungicides, pesticides, lead, heavy metals, certain paints, and other chemical substances. Exposure to these toxic substances is often inevitable. However, when employers do not take precautions to protect pregnant employees they're negligent and may be held accountable.
Researchers are still unable to pinpoint the specific cause of a birth defect. It is possible that a combination of factors may cause the condition. The trick is to analyze the interactions in real-time. The National Children's Study is important because it is now underway across several states. The NCS will enrol 100 women from the representative population and monitor them and their children over the course of time. This study will provide the most complete data available on how various environmental factors impact fetal as well as child health.
Many parents who have a birth defect in their child feel guilty and believe that they caused it. However, these birth defects are often unavoidable. Our birth defect lawyers recognize this and are dedicated to helping families seek justice for children suffering from birth defects.
Product Liability
Many birth defects are caused by a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was born with a medical condition that could have been avoided, you may be entitled to claim damages in an action for birth defects.
A New York birth defect attorney will be able to help you determine if the condition of your child is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical expenses for your child's condition depending on the severity.
While the majority of these cases are not due to medical negligence however, there have been instances where doctors have been negligent during or prior to labor and birth. A doctor could prescribe a medication in a way that could harm a baby, even before birth, or may make an error in surgery.
Our birth defect lawyers have successfully prosecuted claims against drug manufacturers where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her having a child born with a birth defect. We also brought birth defect lawsuits against companies that expose employees to dangerous chemicals while working in a paint factory or semiconductor manufacturing company.
Topics:
birth defects, birth defect law firm, birth defect
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