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The Most Profound Problems In Birth Defect Litigation

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Albertha 24-06-24 20:54 view197 Comment0

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Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not feasible. If this happens, it's important that parents who are shocked seek out 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 get answers.

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in their area, it is considered medical malpractice. It could be a failure to perform routine prenatal testing, prescribing medication that increases the risk of a birth defect, or making a mistake during the birth and delivery.

Birth birth defects and birth injuries are often the result of genetic and environmental causes, but sometimes they are the result of an error or negligence of a physician. If a physician fails to detect congenital defects in utero and fails to notify parents they may be eligible to file a claim for compensation due to a birth defect for all expenses related to their child's disability.

A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the physician breached this duty, that the doctor's actions or failure to act caused injuries and damages, and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages may include costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women are provided with the appropriate testing and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice 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 vary in severity and impact the manner in which a child looks and behaves in life. Some are minor while others can cause serious problems that may be fatal.

The causes of birth defects can stem from genetic anomalies or a wide variety of chemical and environmental factors. For example exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or drugs.

It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta to affect the unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals may cause birth defects such as cleft lips and palates as well as spina bifida, and muscular dystrophy.

While they are working, many mothers are exposed a variety of harmful chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the manufacturing of semiconductors. Parents may also be exposed toxic substances when they consume certain prescription or over-the-counter medications. Many drugs have not been properly tested on pregnant women and have resulted in 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. Numerous different chemicals and toxins found in our homes or workplace could increase the chances of a birth defect. These include pesticides, fungicides and lead, as well as heavy metals, certain paints and other chemical compounds. Exposure to these toxins is usually unavoidable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to find the precise cause of a birth defect. It is possible that a combination between multiple factors may cause the condition, but the challenge is assessing the effects of these interactions 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 a variety of populations as well as follow them and their children over the long run. This study will provide complete information on how environmental factors affect the health of children and fetuses.

Many parents who have a birth defect in their child feel guilty and believe that they caused it. However, these defects are usually inevitable. Our birth defect lawyers are aware of this and are committed to helping families 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 consumption during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to get compensation in lawsuits for birth defects.

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

While the vast majority of birth defects are not caused due to medical negligence, there are cases where a healthcare worker was negligent prior to or during labor and delivery. A doctor may prescribe a medication that injures the baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully prosecuted cases where a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the chance that she could give birth to a child suffering from birth defects. We also brought birth defect lawsuits against companies that expose their workers to hazardous substances at work for example, a paint factory or semiconductor manufacturing companies.

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