Adalberto Lapp asked 4 months ago
Birth Defect Lawsuits
Parents would like their children to be perfect, but sometimes that’s not feasible. If this happens, it’s essential that parents who are shocked seek the assistance of a seasoned birth defect lawyers.
Birth defects and injuries can be caused by medical malpractice and dangerous drugs as well as exposure to environmental hazards. A New York birth defects law firm can assist.
Medical Malpractice
If a doctor does not follow the accepted standard of practice in their area, it is considered medical malpractice. It could be a failure to perform routine prenatal tests and prescribing a medication that increases the chance of having a birth defect or committing a lapse during labor and birth.
Birth defects and birth injuries are often the result of genetic and environmental causes, but sometimes they are caused by an error or negligence of a physician. For instance in the event that a physician fails to detect the presence of a congenital defect in utero and fails to notify the parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifelong costs associated with the disabled child.
A successful medical malpractice claim in birth defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the doctor did not fulfill this duty, that the doctor’s actions or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages may include expenses of medical bills, lost wages as well as pain and firm suffering and emotional distress.
Certain birth injuries and defects can be prevented by timely testing and monitoring during pregnancy. Therefore, it’s crucial for pregnant women to follow their doctors’ recommendations about prenatal visits. If you suspect that medical malpractice caused your child’s birth defects you should contact a medical malfeasance and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with a type of birth defect in the United States. These defects can be of various severity and impact the way the child behaves, looks and functions. Some are minor, but others can lead to serious problems that may be fatal.
The reasons for a child’s birth defects can be attributed to genetic abnormalities or a variety of environmental and chemical factors. For instance exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to holding employers accountable for exposing pregnant women and their newborn babies to harmful substances or medications.
In the scientific research, it is known that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn child. These chemicals are teratogenic. The exposure to these teratogenic chemicals can cause birth defects, such as the cleft lip and palate as well as spina Bifida and muscular dystrophy.
Many mothers are exposed to a wide variety of toxic chemicals while they are at work. These chemicals can be ingested or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. These chemicals can also be consumed by parents who take certain prescription or over-the-counter medications. This is due to the fact that many drugs aren’t adequately tested on pregnant women and have been shown 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 factor. Many different chemicals and toxins that are found in the home as well as in food items can increase the risk of a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these 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 determine the specific cause of a birth defect. It could be that an interaction between multiple factors may cause the problem, but the issue is evaluating these interactions in real-time. The National Children’s Study is important because it is in progress in a variety of states. The NCS will enroll 100,000 women from diverse populations and follow them and their children for the long run. This study will provide the most complete data available on how many environmental factors impact fetal as well as child health.
Many parents who have a birth defect in their child are resentful because they believe they were responsible for the defect. However, these birth defects are usually inevitable. Our birth defect lawyers know this and are dedicated to families seeking justice for children suffering from birth defects.
Product Liability
Birth defects can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. However, many of these causes can be avoided. If your child was born with a medical issue which could have been prevented, 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 your child’s problem is caused by an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical bills associated with your child’s condition based on the severity.
Although the majority of birth defects aren’t caused by medical negligence, there are cases when a healthcare worker was negligent prior to or during labor and delivery. A doctor might prescribe a medicine incorrectly, which can harm a baby before birth, or even make an error during surgery.
Our birth defect lawyers have successfully defended cases where a mother’s health healthcare provider was exposed toxic chemicals or prescription drugs which increased the risk that she would give birth to a child with birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to dangerous chemicals in the workplace.