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The 10 Most Scariest Things About Birth Defect Litigation

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Silke 24-08-05 11:52 view28 Comment0

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Parents want their children to be perfect however sometimes it's impossible. When this happens, it's vital that parents who are stunned seek the help of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of medical care in their area of expertise. This could include failing to conduct prenatal testing or prescribing medications that increase the likelihood of birth defects or committing an error during labor and birth.

Birth defects and birth injury are usually the result of environmental and genetic factors, however, they can also be caused by the negligence of a doctor. For instance, if a physician is unable to identify the presence of a congenital defect in utero and then fails to notify parents of this disability, the parents may file a wrongful birth claim seeking compensation for the lifelong expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the doctor violated this duty, the doctor's actions or inability to act caused injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Some birth problems and injuries can be avoided through timely testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' advice regarding prenatal appointments. If you believe that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These defects can be of various severity and impact the way children behave, appear and performs. Some are minor while others can lead to serious issues that could be fatal.

Birth defects can be caused by genetic disorders or a variety of chemcial or environmental factors. For instance, exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their newborn babies to harmful substances or medications.

It is well-established in scientific research that certain toxins as well as chemicals can pass through the placenta and harm an unborn baby. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects, such as lips, palates, and clefts as well as spina bifida.

Many mothers are exposed many harmful chemicals when they are at work. They can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of many different toxins and chemical compounds in the workplace, at home and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. But, when businesses do not take precautions to protect pregnant employees, they're negligent and could be held accountable.

Researchers are still unable to pinpoint exactly what causes a specific birth defect. It is possible that a variety of factors may cause the condition. The challenge is to evaluate the effects of these factors in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enrol 100,000 women from diverse populations and will follow them and their children for the long-term. This study will provide the most complete information on how environmental factors impact fetal and childhood health.

Many parents who are suffering from a child's birth defect are resentful that they have contributed to the condition, but it is the norm that these types of defects are inevitable. Our birth defect lawyers are aware of this and are committed to helping families whose children are born with birth defects.

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was born with a medical condition which could have been prevented and you are entitled to compensation through an action for birth defects.

A New York birth defect attorney will be able help you determine if your child's problem is caused by an illness, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical bills for your child's condition depending on the severity.

Although the vast majority are not due to medical negligence, there have been cases in which a doctor was negligent prior to or during labor and delivery. A doctor may prescribe a medication that harms a baby even before birth, or even make an error in surgery.

Our birth defect lawyers have successfully defended cases against drug companies when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her having a child born with a birth defect. We have also brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers to harmful chemicals in the workplace.

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