25 Surprising Facts About Birth Defect Litigation

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25 Surprising Facts About Birth Defect Litigation

Lavern 0 5 07.26 20:34
Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not possible. If this happens it is vital that stunned parents seek the help of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in his or her region, it's deemed medical malpractice. This could include failing to perform routine prenatal tests or prescribing medication that increases the likelihood of a birth defect, or making a mistake during the labor and delivery.

Birth birth defects and birth injuries are often caused by genetic or environmental causes, however sometimes they are the result of a doctor's negligence or malpractice. For instance, if a physician is unable to identify a congenital disability in utero and fails to notify parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong costs associated with the disabled child.

To prevail in a medical malpractice lawsuit in birth defect cases, the plaintiff must prove that the doctor was in breach of a duty of care to the patient, and that he violated the duty, and that his actions or lack of action directly led to injuries and damages and that he suffered economic and non-economic losses due to the injuries. These damages could include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' recommendations about prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects may be of different severity and affect the way that children behave, appear and functions. Some are minor, while others can cause serious problems and can even be fatal.

The causes of a child's birth defects could be due to genetic abnormalities or a range of environmental and chemical factors. Exposure to harmful chemicals, for instance causes serious complications in the infant. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn children to harmful substances or drugs.

It is well-established in scientific studies that certain toxicants and chemicals can pass through the placenta, affecting an unborn baby. These toxins are known as teratogenic. Exposure to these chemicals can cause birth defects like Cleft lips and palates as well as spina bifida, and muscular dystrophy.

Many mothers are exposed an array of toxic chemicals when they are working. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These toxic substances can also be consumed by parents who take certain prescription or over-the-counter medications. Many medications have not been adequately tested on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's not the only cause. The presence of various chemicals and toxins at the workplace, at home and in food can increase the risk of developing birth defects. These include pesticides, fungicides lead, heavy metals, some paints and various chemical compounds. Exposure to these toxic substances is generally inevitable. However, when employers fail to protect pregnant employees, they are negligent and could be held accountable.

Researchers are still unable to identify the exact cause of a particular birth defect. It is possible that a variety of factors could cause the condition. The problem is to assess these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow them and their children for the long term. This study will provide comprehensive data on how environmental factors affect the health of infants and children.

Many parents suffering from a child's birth defect are resentful that they have contributed to the condition, but it is often the case that these kinds of defects are a given. Our birth defect lawyers recognize this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Birth problems can be caused by a variety of causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes are preventable. If your child was diagnosed with a medical condition which could have been avoided or prevented, you might be able to recover damages in a lawsuit for birth defects.

A New York birth defect lawyer can assist you determine if your child's condition was caused by chemical exposure, a drug or any other environmental cause which is eligible for compensation. Your legal team will calculate the total cost of medical expenses for your child's condition based on the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are cases in which a doctor or healthcare worker is negligent prior to or during labor and birth. A doctor could prescribe a medication incorrectly that can harm a baby before the birth defect law firms, or make an error during surgery.

Our birth defect lawyers have successfully defended allegations that a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the risk that she will give birth to a child who has birth defects. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers to harmful chemicals when they work.

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