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on June 25, 2024
Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes that's not feasible. If this happens, it's crucial that parents who are stunned seek out the help of experienced birth defects lawyers.
Birth defects and injuries can result from medical malpractice and dangerous drugs and exposure to environmental factors. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
If a doctor does not adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This may include failing to perform prenatal testing or prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.
Birth defects and birth injury can be caused by environmental and genetic factors however, they can also be caused by an error by a doctor. For example, if a physician does not recognize an inborn disability and then fails to notify parents of the impairment, parents can pursue a wrongful birth lawsuit seeking compensation for the lifetime costs associated with the disabled child.
A successful medical malpractice claim in birth defect cases must prove that the physician has a responsibility to the patient of care, that the physician violated this duty, the doctor's actions or inability to act caused injuries and damages, and that the victim was harmed economically and non-economically due to his or her injuries. These damages could include the costs of medical bills lost wages, pain and suffering, and emotional distress.
Some birth defects and injuries are preventable through timely testing and monitoring during pregnancy. Therefore, it's crucial for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you believe that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with a type of birth defect in the United States. These defects are of various degrees and affect the way that children behave, look and performs. Some are minor, but others can cause serious issues and even lead to death.
Birth defects can result from genetic defects or a range of chemcial and environmental factors. For instance exposure to toxic chemicals can cause serious problems for a newborn. Our company is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.
It is well-established in scientific research that certain toxins as well as chemicals can pass through the placenta to affect an unborn baby. These toxins are called teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.
While working, many mothers are exposed of toxic chemicals. These chemicals can be consumed or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors is also a major factor. Numerous different chemicals and toxins that are present in the home or workplace could increase the chances of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is generally inevitable. But, when businesses do not take precautions to protect pregnant employees, they are negligent and can be held responsible.
Researchers have yet to pinpoint the precise cause of a birth defect. It is possible that a combination between a variety of factors could cause the condition, but the problem is assessing the interactions in real-time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from a representative population and monitor their progress over time and their children. This study will provide the most complete data to date on how various environmental factors affect fetal and child health.
Many parents who suffer from a birth defect in their child feel guilt and believe that they contributed to it. However, these birth defects are often unavoidable. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children suffering from birth defects.
Product Liability
Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was born with a medical issue which could have been prevented, you may be entitled to recover damages through a birth defect lawsuit.
A New York birth defect attorney will be able to help you determine if your child's condition is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Based on the severity of your child's health condition the legal team will be able to estimate the total cost of associated medical bills that are suitable for compensation.
While the vast majority of birth defects aren't caused due to medical negligence, there are cases when a healthcare worker was negligent prior to or during labor and birth. A doctor could prescribe a medication that could harm a baby, even before birth, or may make an error in surgery.
Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her child being born with birth defect. We have also filed birth defect lawsuits against companies that expose their workers to hazardous substances while working like a paint factory or semiconductor manufacturing company.
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