Bennett Wreford asked 3 months ago
Parents want their children to be perfect, but sometimes it’s not possible. When this happens, it’s crucial that parents who are stunned seek the assistance of experienced birth defects lawyers.
Birth defects and injuries can be caused by medical negligence and dangerous drugs and exposure to environmental factors. A New York birth defects law firm can help.
Medical Malpractice
Medical negligence occurs when a doctor does not adhere to the accepted standards of medical care in their field. This could include not performing prenatal tests and prescribing medicines that increase the likelihood of birth defects, or making an error during labor and birth.
Birth defects and birth injuries can be caused by genetic and environmental factors, but they can also be a result of the negligence of a doctor. If a doctor fails to detect congenital disabilities in utero and fails to inform parents, the parents may be eligible to file a claim for compensation due to a birth defect for all the expenses associated with their disabled child.
To prevail in a medical malpractice case in birth defects the plaintiff must show that the doctor owed a breach of care to the patient, and that he did not fulfill this duty, that his actions or inaction action directly triggered injuries and damages and that the patient suffered economic and non-economic losses as a result of the injuries. These damages could include medical bills, lost wages and emotional distress.
Some birth injuries and defects are preventable by timely testing and monitoring during pregnancy. It’s crucial for pregnant women to follow their doctors’ recommendations regarding their prenatal visits. If you suspect that your child’s birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.
Toxic Chemicals
Every year thousands of children are born with a form of birth defect in the United States. These birth defects can range in severity and affect the way that a child appears and behaves in life. Some are minor while others can cause serious issues and even be fatal.
Birth defects can result from genetic abnormalities or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for example could cause serious problems in the newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or medications.
In the scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta to affect the unborn child. These chemicals are teratogenic. The exposure to these teratogenic chemicals could cause birth defects such as the cleft lip and palate as well as spina Bifida and muscular dystrophy.
While working, mothers are exposed of harmful chemicals. These chemicals can be ingested, inhaled or absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the manufacture of semiconductors. These toxins can also be ingested by parents who take certain over-the counter and prescription drugs. Many medications have not been adequately tested on pregnant woman and have resulted in birth defects.
Environmental Exposure
While genetic disorders are among the most common causes of birth defects, environmental exposure is also a major cause. Many different toxins and chemicals found in the home workplace, food and work environment could increase the chances of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is usually unavoidable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.
Researchers are unable to determine exactly what causes the birth defect in a specific way. It could be that an interaction between multiple factors may cause the condition, but the difficulty is assessing these interactions in real time. This is why the National Children’s Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from a representative population and track them over time, as well as their children. This study will provide the most comprehensive data to date on how many environmental factors impact fetal as well as child health.
Many parents suffering from a child’s birth defect feel guilty that they may have contributed to the condition, but it is often the case that these kinds of issues are a given. Our birth defect attorneys are aware of this and are dedicated in helping families whose children are born who have birth defects.
Product Liability
Many birth defects result from a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was born with a medical condition which could have been prevented, you may be entitled to claim damages through an action for birth defects.
A New York birth defect law firm defect attorney will be able to help you determine if the condition of your child is due to the use of a medicine, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child’s condition your legal counsel will be able to estimate the total cost of associated medical expenses that are suitable for compensation.
Although the vast majority of birth injuries are not the result of medical negligence There have been instances where doctors have been negligent during or before labor and delivery. A physician may incorrectly prescribe a medication that harms an infant before it is born, or they may make a mistake during surgery.
Our birth defect lawyers have successfully brought claims against drug manufacturers where a mother’s health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child developing birth defects. We also brought birth defect lawsuits against companies that expose workers to harmful substances at work like a paint factory or semiconductor manufacturing companies.