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It's The Ugly Reality About Birth Defect Litigation

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Gino 24-06-28 04:51 view142 Comment0

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Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not possible. If this happens, it's vital parents who are shocked seek the help of experienced birth defects 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 help.

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of care in his or her field. This could include failing to perform prenatal testing or prescribing medications that increase the likelihood of birth defects or making a mistake during labor or delivery.

Birth birth defects and birth injuries are typically due to genetic and environmental factors, but sometimes they are caused by a doctor's negligence or malpractice. For instance when a doctor fails to detect an inborn disability and fails to notify parents of this impairment, parents can pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses associated with the handicapped child.

To win a medical malpractice claim in birth defect cases, the plaintiff must prove that the doctor owed a duty of duty to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly led to damages and injuries and that he suffered economic and non-economic losses as a result of the injuries. These damages could include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defect lawsuit defects can vary in severity and affect the how a child appears, acts and functions in life. Some are minor, while others can cause serious problems that may be fatal.

The causes of birth defects can stem from genetic defects or a range of environmental and chemical factors. Exposure to toxic chemicals, for example could cause serious problems in the newborn. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

It is well-established in the scientific literature that certain toxins and chemicals can pass through the placenta and affect an unborn baby. These toxins are known as teratogenic. The exposure to these teratogenic chemicals could cause birth defects like the cleft palate and lips as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to an array of harmful chemicals when they are at work. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the manufacturing of semiconductors. Parents can also be exposed to these poisons when they consume certain prescription or over-the-counter medications. This is due to the fact that many drugs are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors is also a major cause. The presence of many different toxins and chemical compounds in the workplace, at home and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most common. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, if companies do not take precautions to protect pregnant employees they are negligent and could be held accountable.

Researchers are unable to pinpoint exactly what causes the birth defect in a specific way. It could be that an interaction with multiple factors could trigger the condition, but the challenge is evaluating the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow them and their children over the long term. This study will provide the most complete data to date on how a variety of environmental factors influence fetal and child health.

Many parents who have a birth defect in their child are resentful believing that they are responsible for it. However, these birth defects are not always preventable. Our birth defect lawyers understand this and are dedicated to families seeking justice for children suffering 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, most of these causes are preventable. If your child was born with a medical condition which could have been prevented and you are entitled to claim damages through an action for birth defects.

A New York birth defect lawyer can help you determine whether your child's condition is the result of chemical exposure, a drug or other environmental factor that could be eligible for compensation. Depending on the severity of your child's illness your legal counsel will also be able to determine the total cost of medical bills that are suitable for compensation.

Although the majority of birth defects are not caused by medical negligence, there are some instances when a healthcare worker was negligent before or during labor and birth. A doctor may prescribe a medication incorrectly that causes harm to a baby even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers when a mother's medical healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with birth defects. We also brought birth defect lawsuits against companies that expose workers to hazardous substances while working in a paint factory or semiconductor manufacturing companies.

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