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Catherine Carre… 24-06-18 15:08 view225 Comment0

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Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's impossible. When this happens, it's important parents who are shocked seek out the help of experienced birth defects 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 help you find answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in his or her region, it's deemed medical malpractice. This could include not performing prenatal tests and prescribing medicines that increase the risk of birth defects or making a mistake during labor or delivery.

Birth defects and birth injury can be caused by genetic and environmental factors, however, they could also be caused by the negligence of a physician. For example the case where a doctor fails to recognize the presence of a congenital defect in utero and then fails to notify parents of the impairment, parents can file a wrongful birth claim seeking compensation for the lifetime costs associated with the disabled child.

To prevail in a medical malpractice claim in birth defect cases the plaintiff has to prove that the doctor was in breach of a duty of care to the patient, that he failed to fulfill the duty, that his actions or inaction action directly resulted in damage and injuries, and that the plaintiff suffered economic and noneconomic damages due to the injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Some birth problems and injuries can be avoided with timely testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' recommendations regarding prenatal appointments. If you suspect that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some type of birth defect in the United States. These defects vary in severity and impact way that a child appears and behaves in life. Some are minor, but others can cause serious problems and may even cause death.

The reasons for a child's birth defects may be due to genetic anomalies or a wide range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

It is well-established in the scientific research that certain toxins and chemicals can pass through the placenta and affect the unborn baby. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals can cause birth defects such as the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals when they are working. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These toxins can also be ingested by parents who take certain prescription and over-the-counter drugs. Many drugs have not been tested properly 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 far from the only one. Many different chemicals and toxins found in our homes or workplace could increase the chances of a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are still trying to determine the precise cause of a birth defect. It could be that an interaction between multiple factors may cause the problem, but the issue is evaluating these interactions in real-time. The National Children's Study is important because it is in progress in a variety of states. The NCS will enroll 100,000 women from a representative population and follow them over time and their children. This study will provide most comprehensive data on how environmental factors impact the health of children and fetuses.

Many parents suffering from a child's birth defect are resentful that they have contributed to the problem, but it is the norm that these types of defects are inevitable. Our birth defect lawyers understand this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue that could have been avoided and you are entitled to claim damages through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine if your child's illness was caused by chemical exposure, a drug or other environmental factor that is a reason to seek compensation. Your legal team can calculate the total cost of medical bills associated with your child's condition according to the severity.

While the majority of these cases are not the result of medical negligence however, there have been instances where a doctor was negligent during or prior to labor and delivery. A doctor may prescribe a medication in a way that can harm a baby before birth, or may make an error in surgery.

Our birth defect attorneys have successfully litigated cases where a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chances that she would give birth to a child who has birth defects. We also have brought birth defect lawsuits against companies that expose workers to dangerous chemicals at work like a paint factory or semiconductor manufacturing companies.

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