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Why You Should Focus On Enhancing Birth Defect Litigation

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Audrey 24-06-13 13:31 view154 Comment0

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Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes impossible. If this happens, it's important parents who are shocked seek out the help of experienced birth defect lawyers.

Birth defects and injuries can result from medical malpractice and drugs that are harmful and exposure to environmental factors. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of care in his or her field. This could be due to failing to conduct prenatal testing, prescribing medications that increase the risk of birth defect law firm defects, or making an error during labor and birth.

Birth birth defects and birth injuries are usually caused by genetic or environmental factors, but sometimes they are caused by an error or negligence of a physician. For instance in the event that a physician is unable to identify a congenital disorder in the uterus and fails to inform parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.

In order to prevail in a medical malpractice lawsuit in birth defects the plaintiff must demonstrate that the doctor owed a duty of duty to the patient, and that he did not fulfill that duty, that his actions or inaction action directly triggered damages and injuries, and that he or she suffered economic and non-economic losses 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.

Some birth injuries and defects are preventable through timely testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' advice regarding prenatal visits. If you believe that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with a type of birth defect in the United States. These defects can vary in severity and affect way that a child appears and behaves throughout life. Some are minor while others can cause serious issues that could be fatal.

The causes of birth defects can be attributed to genetic abnormalities or a variety of chemical and environmental factors. Exposure to toxic chemicals, for example can trigger serious complications in a newborn. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful substances or medications.

In the scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta to affect an unborn child. These chemicals are teratogenic. The exposure to these teratogenic chemicals can cause birth defects like the cleft lip and palate as well as spina Bifida and muscular dystrophy.

While working, many mothers are exposed a variety of harmful chemicals. These chemicals can be ingested or inhaled, or absorbed by the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) used in the production of semiconductors. Parents can be exposed to these chemicals when they consume certain prescription and over-the counter drugs. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, environmental exposure can also be a significant factor. The presence of various chemical compounds and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most common. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins 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 identify the exact cause of the specific birth defect. It is possible that an interaction between several factors can cause the condition, but the difficulty is assessing these interactions in real time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from a representative population and track them throughout their lives as well as their children. This study will provide the most complete information to date on how different environmental factors impact fetal and child health.

Many parents suffering from a birth defect in their child are resentful that they have contributed to the condition, however it's often the case that these types of defects are a given. Our birth defect lawyers understand this and are committed to helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, most 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 compensation through a birth defect lawsuit.

A New York birth defect attorney can assist you to determine if the condition of your child is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical bills for your child's condition based on the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases where a healthcare worker was negligent before or during labor and birth. A doctor might prescribe a medication in a way that causes harm to a baby even before birth, or may make an error during surgery.

Our birth defect attorneys have successfully litigated claims where a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the risk that she would give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies that expose employees to hazardous substances on the job in a paint factory or semiconductor manufacturing companies.

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