5 Laws Anybody Working In Birth Defect Litigation Should Be Aware Of

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5 Laws Anybody Working In Birth Defect Litigation Should Be Aware Of

24.07.06
Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not possible. If that happens it is vital that parents in shock seek the help of seasoned birth defect lawyers.

Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defect law firms defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. It could be a failure to conduct routine prenatal testing and prescribing a medication that increases the risk of a birth defect or making a mistake during the labor and delivery.

Birth defects and birth injuries are usually caused by environmental and genetic causes, however, they can also be a result of the negligence of a physician. For instance in the event that a physician is unable to identify a congenital disability in utero and fails to notify parents of the disability, the parents may make a claim for wrongful birth seeking compensation for all the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the physician violated that duty, the doctor's actions, or failure to act caused injuries and damages and that the victim suffered economic and non-economic losses due to his or her injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects can be prevented with timely testing and monitoring during pregnancy. It's important for pregnant women to adhere to their doctor's recommendations regarding prenatal appointments. If you believe that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can range in severity and affect the manner in which a child looks, acts and functions in life. Some are minor, but others can cause serious problems that may be fatal.

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

In the scientific literature, it has been established that certain chemicals and toxins may be transmitted through the placenta, affecting the unborn child. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects such as lips, palates, and clefts as well as spina Bifida.

While working, many mothers are exposed a variety of harmful chemicals. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the production of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only reason. 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 toxic substances is often inevitable. However, when employers fail to safeguard pregnant employees, they're negligent and could be held accountable.

Researchers are still unable to identify the exact cause of a specific birth defect. It is possible that an interaction between multiple factors may cause the condition, but the problem is evaluating these interactions in real-time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from a representative populations and will follow them over time and also their children. This study will provide the most complete data to date about how different environmental factors impact fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the disorder, but it is the norm that these types of defects are a given. Our birth defect lawyers are aware of this and are dedicated in helping families whose children are born with birth defects.

Product Liability

Birth defects can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, many of these causes can be cured. If your child was born with a medical issue that could have been prevented or prevented, you could be entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine whether your child's condition is the result of chemical exposure, a medication or any other environmental cause that is eligible for compensation. Based on the severity of your child's condition your legal team will also be able calculate the full cost of the associated medical expenses that are admissible for compensation.

While the vast majority of birth defects are not caused due to medical negligence, there are instances when a healthcare worker was negligent prior to or during labor and birth. A doctor might incorrectly prescribe a medication which harms a baby before it is born, or make a mistake during surgery.

Our birth defect attorneys have successfully litigated cases where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the chances that she would give birth to a baby with birth defects. We have also brought birth defect lawsuits against companies who expose workers to harmful substances at work for example, a paint factory or semiconductor manufacturing company.

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