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This Is The Ugly Facts About Birth Defect Litigation

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Lynette 24-07-08 20:06 view130 Comment0

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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. When this happens, it's vital that parents who are stunned seek the help of experienced birth defect lawyers.

Birth problems and injuries can be caused by medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This may include failing to perform prenatal screening or prescribing medications which increase the chance of birth defects or committing an error during labor and delivery.

Birth birth defects and birth defect attorneys injuries can be due to genetic and environmental causes, but occasionally they arise due to the negligence or malpractice of a doctor. For instance when a doctor fails to recognize a congenital disability in utero and fails to notify parents of the disability, the parents can bring 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 physician violated this duty, the doctor's actions or failure to act caused injuries and damages and that the victim suffered economic and non-economic damages due to the injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects can range in severity and affect the way a child looks, acts and functions in life. Some are minor and others can lead to serious problems that may be fatal.

The causes of a child's birth defects can be attributed to genetic disorders or a variety of chemical and environmental factors. Exposure to toxic chemicals, for example could cause serious problems in the infant. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or drugs.

In the scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta to affect an unborn child. These toxins are known as teratogenic. Teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina Bifida.

Many mothers are exposed various toxic chemicals when they are at work. These chemicals can be inhaled, inhaled or absorbed through the body's skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE), which are used in the production of semiconductors. These contaminants can also be ingested by parents who take certain prescription or over-the-counter medications. Many pharmaceuticals have not been properly tested on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only reason. The presence of a variety of toxins and chemical compounds in the home, at work and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is usually unavoidable. But, when businesses fail to protect pregnant workers, they are negligent and could be held accountable.

Researchers are unable to determine exactly what causes a specific birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the problem is evaluating these interactions in real time. The National Children's Study is important since it is currently in process in several states. The NCS will enroll 100,000 women from a representative population and monitor them over time and also their children. This study will provide the most complete data available on how different environmental factors impact fetal as well as child health.

Many parents suffering from a birth defect in their child feel guilty for having contributed to the condition, but it's often the case that these kinds of issues are not a choice. Our birth defect lawyers know this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by many causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, most of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided and prevented, you could be able to recover damages in a lawsuit involving birth defects.

A New York birth defect attorney will be able help you determine if the condition of your child is due to a medication, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's illness your legal counsel will be able to estimate the total cost of medical bills that are eligible for compensation.

While the vast majority of birth defects aren't caused by medical negligence, there are some instances where a doctor or healthcare professional has been negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication that injures a baby before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully litigated claims where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chance that she would give birth to a child who has birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to hazardous substances during their work.

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