20 Myths About Birth Defect Litigation: Debunked
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Parents want their children perfect however, sometimes that's impossible. When that becomes a reality it is imperative that stunned parents seek the help 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
Medical malpractice occurs when a doctor does not adhere to the accepted standards of medical care in their field. This could mean failing to conduct prenatal testing and prescribing medicines that increase the likelihood of birth defects, or making an error during labor or delivery.
Birth defects and birth injuries are usually the result of environmental and genetic factors however, they can also be caused by an error by a doctor. For example the case where a doctor is unable to identify a congenital disorder in the uterus and fails to inform the parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses associated with the handicapped child.
A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the physician violated this duty, the doctor's actions, or failure to act caused injuries and damages, and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages could include medical bills as well as lost wages and emotional stress.
Some birth injuries and defects are preventable by prompt testing and monitoring during pregnancy, which is why it's crucial for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer as soon as you can.
Toxic Chemicals
In the United States, thousands of babies are born each year with birth defects. These defects can vary in severity and affect the way a child looks, behaves and performs in life. Some are minor, but others can cause serious issues that could be fatal.
Birth defects can result from genetic disorders or a variety of chemcial and environmental factors. For instance, exposure to toxic chemicals can cause serious health issues for newborns. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or medications.
In scientific literature, it is established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects such as cleft lips, palates and spina Bifida.
Many mothers are exposed many toxic chemicals while they are working. These chemicals can be breathed in or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. Parents may also be exposed to these chemicals when they consume certain prescription and over-the-counter drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only cause. A variety of toxins and chemicals that are found in the home or workplace can increase the risk of a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.
Researchers are still trying to find the precise cause of a birth defect. It could be that an interaction between multiple factors may cause the condition, but the difficulty is evaluating the interactions in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enroll 100,000 women from a representative population and follow them over time and also their children. This study will provide the most comprehensive data available on how a variety of environmental factors influence fetal and child health.
Many parents who suffer from a birth defect in their child feel guilt because they believe they are responsible for it. However, these issues are usually unavoidable. Our birth defect lawyers understand this and are committed to families who seek justice for children who suffer from birth defects.
Product Liability
Many birth defects are caused by a range of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition which could have been prevented in the first place, you may be able to recover damages through 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 underlying chemical, medication or environmental exposure that qualifies for compensation. Depending on the severity of your child's illness, your legal team will be able to estimate the total cost of medical bills that are suitable for compensation.
While the majority of cases are not caused due to medical negligence however, there have been instances where a doctor has been negligent during or before labor and birth. A doctor could incorrectly prescribe a medication that injures the baby before it's born, or make an error during surgery.
Our birth defect attorneys have successfully prosecuted claims where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chance that she could give birth to a baby with birth defects. We have also filed birth defect lawsuits against companies that expose their workers to dangerous substances on the job, such as a paint factory or semiconductor manufacturing companies.
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