5 Laws Anybody Working In Birth Defect Litigation Should Be Aware Of
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Parents want their children perfect however, sometimes that's not possible. When that becomes a reality it is vital for parents to seek the help of experienced birth defect lawyers.
Birth problems and injuries can be caused by medical negligence and dangerous drugs, and environmental exposure. A New York birth defect law firm can help you get answers.
Medical Malpractice
Medical negligence occurs when a doctor violates the accepted standard of medical care in their field. This could mean failing to conduct routine prenatal tests or prescribing medication that increases the risk of a birth defect or making a mistake during the birth and delivery.
Birth defects and birth injuries are often due to genetic and environmental causes, but sometimes they are the result of the negligence or malpractice of a doctor. If a doctor fails to detect congenital disabilities in utero, and then fails not to inform parents they may be able to file a claim for wrongful birth seeking compensation for all costs that are associated with their disabled child.
In order to win a medical negligence case in birth defects the plaintiff must show that the doctor owed a breach of duty to the patient, that he failed to fulfill this duty, that his actions or inaction action directly caused damages and injuries, and that the plaintiff was a victim of economic and non-economic damages due to the injuries. These damages could include medical expenses as well as lost wages and emotional distress.
Some birth injuries and defects can be prevented through timely testing and monitoring during pregnancy. Therefore, it's important for pregnant women to adhere to their doctor's recommendations regarding prenatal visits. If you suspect that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.
Toxic Chemicals
Every year thousands of children are born with a form of birth defect in the United States. These birth defects can vary in severity and affect the manner in which a child looks and behaves throughout life. Some are minor, but others can cause serious problems and may even cause death.
Birth birth defects can be caused by genetic defects or a range of chemcial and environmental factors. For instance, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or medications.
In the scientific literature, it is established that certain chemicals and toxins can traverse the placenta and affect an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina Bifida.
While working, mothers are exposed a variety of toxic chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) used in the manufacture of semiconductors. Parents may also be exposed toxic substances when they consume certain over-the-counter and prescription drugs. 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, exposure to environmental factors is also a major cause. The presence of numerous chemical compounds and toxins in the workplace, at home and in food items can increase the risk of birth defects. These include fungicides, pesticides and lead, as well as heavy metals, certain paints, and other chemical substances. Exposure to these toxins is usually unavoidable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.
Researchers are still unable pin down exactly what causes the specific birth defect. It is possible that a variety of factors can cause the condition. The trick is to evaluate the interactions in real-time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100,000 women from representative population and follow their progress over time as well as their children. This study will provide the most complete information to date on how a variety of environmental factors impact fetal and child health.
Many parents who suffer from a birth defect in their child are resentful because they believe they caused it. However, these defects are usually inevitable. Our birth defect attorneys understand this and are dedicated in helping families with children with birth defects.
Product Liability
Birth problems can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genetic. However, many of these causes can be avoided. If your child was born with a medical issue that could have been prevented or prevented, you could be entitled to claim damages through a birth defect attorney defect lawsuit.
A New York birth defect attorney can help you determine if your child's condition is due to the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills that are related to your child's illness in relation to the severity.
Although the vast majority are not due to medical negligence There have been instances where a doctor has been negligent during or before labor and delivery. A doctor may prescribe a medication that could harm a baby, even before the birth, or make an error during surgery.
Our birth defect lawyers have successfully prosecuted cases against drug companies in which a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with birth defects. We have also brought birth defect lawsuits against companies who expose workers to hazardous substances on the job like a paint factory or semiconductor manufacturing company.
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