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TITLE Birth Defect Litigation: The Good, The Bad, And The Ugly

NAMEKathy DATE2024-05-18

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Birth Defect Lawsuits

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 help of experienced birth defects lawyers.

Birth problems and injuries can be caused by medical malpractice and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of care in his or her area of expertise. This could include failing to perform prenatal screening and prescribing medicines that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth defects and birth injury are often caused by environmental and genetic factors however, they could also be the result of an error by a doctor. For example when a doctor fails to recognize a congenital disability in utero and fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for Birth defect attorney the ongoing costs associated with the disabled child.

To prevail in a medical malpractice case in birth defects the plaintiff must show that the doctor was in breach of a duty of duty to the patient, that he failed to fulfill that duty, that his actions or lack of action directly resulted in damages and injuries and that the patient suffered economic and non-economic losses because of the injuries. These damages might include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the proper testing and monitoring. If you believe that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These birth defects can be of varying severity and affect the way that a child acts, looks and performs. Some are minor while others can cause serious problems and may even cause death.

The reasons for a child's birth defects can stem from genetic abnormalities or a range of environmental and chemical factors. For instance exposure to toxic chemicals could cause serious problems for a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or medications.

It is well-established in the scientific research that certain toxins and chemicals can enter the placenta to affect an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina bifida.

While they are working, mothers are exposed to a range of harmful chemicals. These chemicals can be consumed, inhaled or absorbed into the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may be exposed to these chemicals when they consume certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs are not adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also play a role. The presence of a variety of chemicals and toxins in the home, at work and in food items can increase the risk of birth defects. These include fungicides, pesticides, lead, heavy metals, certain paints, and many other chemical substances. Exposure to these toxins is almost always inevitable. However, when employers do not take precautions to protect pregnant employees they're negligent and may be held responsible.

Researchers are still trying to find the specific cause of a birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the challenge is evaluating these interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from representative population and follow their progress over time as well as their children. This study will provide comprehensive data on how environmental factors impact the health of a child's fetus and.

Many parents who have a birth defect in their child feel guilt because they believe they are responsible for it. But, these problems are usually inevitable. Our birth defect attorneys understand this and are dedicated in helping families whose children are born with birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes are preventable. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's illness is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition your legal team will also be able to calculate the full cost of the associated medical bills that are suitable for compensation.

Although the vast majority are not caused due to medical negligence there are instances where a doctor Birth Defect Attorney has been negligent during or prior to labor and birth. A doctor could prescribe a medication in a way that could harm a baby, even before the birth, or make an error during surgery.

Our birth defect lawyers have successfully litigated allegations that a mother's health care provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a baby with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers to dangerous chemicals in the workplace.