How To Outsmart Your Boss On Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect but sometimes it's impossible. If this happens, it's crucial that parents who are stunned seek the assistance of experienced birth defect lawyers.
Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.
Medical Malpractice
If a physician fails to adhere to the accepted standards of practice in their field, it's considered medical malpractice. This could mean failing to conduct routine prenatal tests and prescribing a medication that increases the risk of a birth defect, or making a mistake during the labor and delivery.
Birth defects and birth injuries can be caused by environmental and genetic factors, however, they could also be caused by an error by a doctor. For instance when a doctor fails to recognize a congenital disability in utero and fails to inform parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the lifelong expenses associated with the handicapped child.
In order to win a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor was in breach of a duty of care to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly resulted in damages and injuries and that he suffered economic and noneconomic damage from the injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are crucial to ensure that pregnant women receive the necessary testing and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer immediately.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These birth defects can vary in severity and affect manner in which a child looks and behaves in life. Some are minor, but others can cause serious problems that may be fatal.
The causes of birth defects could be due to genetic abnormalities or a variety of environmental and chemical factors. Exposure to toxic chemicals, for Birth Defect Lawsuits instance causes serious complications in the infant. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or drugs.
In the scientific literature, it is established that certain chemicals and toxins can cross the placenta to affect an unborn child. 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 an array of toxic chemicals while they are at work. These chemicals can be breathed in or inhaled through the skin. These chemicals comprise industrial solvents such as EGE or ethylene glycol (EGE) used in the production of semiconductors. Parents can be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been thoroughly tested on pregnant women and have resulted in birth defects.
Environmental Exposure
While genetic disorders are one of the most common causes of birth defects, environmental exposure is also a major factor. The presence of many different chemical compounds and toxins in the home, at work and in food items can increase the risk of developing birth defects. Pesticides and Birth Defect Lawsuits fungicides are among the most commonly used. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are still unable to pinpoint the root of the birth defect. It could be that an interaction with multiple factors could trigger the problem, but the issue is evaluating the effects of these interactions in real time. The National Children's Study is important because it is currently underway in several states. The NCS will enrol 100,000 women from diverse populations and will follow them and their children over the long run. This study will provide comprehensive data on the effects of environmental factors on the health of children and fetuses.
Many parents suffering from a child's birth defect feel guilty that they somehow contributed to the condition, however it's usually the case that these types of defects are a given. Our birth defect lawyers are aware of this and are committed to helping families with children with birth defects.
Product Liability
Birth defects can be caused by many factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, the majority 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 claim damages in a birth defect lawsuit.
A New York birth defect attorney will be able to help you determine if the condition of your child is caused by an illness, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical expenses that are related to your child's illness according to the severity.
While the majority of cases are not caused due to medical negligence there are instances where doctors have been negligent during or before labor and delivery. A doctor might incorrectly prescribe a medicine that hurts an infant before it is born, or make an error during surgery.
Our birth defect lawyers have successfully prosecuted cases against drug companies when a mother's medical healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her child being born with birth defects. We have also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals on the job in a paint factory or semiconductor manufacturing companies.