What NOT To Do With The Birth Defect Litigation Industry
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Parents want their children to be perfect, but in some cases that's not possible. When that becomes a reality, it is essential that parents in shock seek out the assistance of skilled birth defect lawyers.
Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
Medical malpractice is when a doctor is in violation of the accepted standard of care in his or her field. This could include failing to conduct routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect or committing a lapse during the labor and delivery.
Birth defects and birth injuries are usually the result of genetic and environmental causes, however sometimes they arise due to a doctor's negligence or malpractice. For instance in the event that a physician fails to recognize a congenital disorder in the uterus and fails to notify parents of the disability, the parents can make a claim for wrongful birth seeking compensation for the lifetime expenses associated with the disabled child.
A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the doctor violated that duty, the doctor's actions or inability to act caused injuries and damages, and that the victim suffered economic and non-economic damage as a result of the injuries. These damages might 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 are provided with the appropriate testing and monitoring. If you believe that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects can be of various severity and affect the way that the child behaves, looks and performs. Some are minor, while others can cause serious problems that may be fatal.
The causes of birth defects could be due to genetic anomalies or a wide variety of environmental and chemical factors. Exposure to harmful chemicals, for example can trigger serious complications in a newborn. Our firm is committed in bringing employers to account when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.
It is well-established in scientific research that certain toxins and chemicals can enter the placenta, affecting the unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects like lips, palates, and clefts as well as spina Bifida.
Many mothers are exposed many toxic chemicals while working. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals comprise industrial solvents such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed toxins when they are consuming certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been shown to 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 far from the only one. Many different chemicals and toxins found in the home workplace, food and work environment can increase the risk of having a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are still trying to find the precise cause of a birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the difficulty is assessing the effects of these interactions in real time. The National Children's Study is important because it is now underway in a number of states. The NCS will enrol 100,000 women from diverse populations and follow them and their children over the course of time. This study will provide complete information on how environmental factors impact the health of children and fetuses.
Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the problem, but it's often the case that these kinds of issues are unavoidable. Our birth defect lawyers recognize this and are dedicated to families who seek justice for children suffering from birth defects.
Product Liability
Birth defects are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, a lot of these issues can be prevented. If your child was born with a medical issue that could have been avoided in the first place, you may be able to claim damages in a birth defect lawsuit.
A New York birth defect attorney can assist you to determine if your child's condition is caused by a medication, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition the legal team will also be able calculate the full cost of the associated medical bills that are suitable for compensation.
Although the vast majority are not due to medical negligence There have been instances where a doctor was negligent during or prior to labor and birth. A doctor might prescribe a medication incorrectly that causes harm to a baby even before birth, or even make an error in surgery.
Our birth defect lawyers have successfully defended cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child developing birth defect. We also have filed birth defect lawsuits against semiconductor and paint factories that expose their workers toxic chemicals while at work.
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