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Parents want their children perfect however sometimes it's impossible. When this happens, it's essential that parents who are stunned seek the help of experienced birth defect lawyers.
Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical malpractice occurs when a doctor violates the accepted standard of care in his or her field. This could include failing to perform routine prenatal testing and prescribing a medication that increases the likelihood of birth defect or committing a lapse during labor and birth.
Birth defects and birth injury are usually the result of environmental and genetic factors but they can also be caused by the negligence of a doctor. For instance the case where a doctor is unable to identify a congenital disability in utero and then fails to notify parents of this impairment, parents can make a claim for wrongful birth seeking compensation for the ongoing expenses associated with the disabled child.
In order to prevail in a medical negligence case in birth defect cases the plaintiff must demonstrate that the doctor owed a breach of duty to the patient, and that he violated that duty, that his actions or lack of action directly caused damages and injuries and that he or she suffered economic and noneconomic damages because of the injuries. These damages could include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.
Some birth problems and injuries can be avoided with timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to adhere to their doctor's advice regarding prenatal appointments. If you suspect that medical malpractice caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with some type of birth defect in the United States. These birth defects may be of different severity and affect the way that a child acts, looks and performs. Some are minor while others can cause serious problems and can even be fatal.
Birth defects can be caused by genetic anomalies or a range of chemcial and environmental factors. Exposure to harmful chemicals, for instance causes serious complications in babies. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or medications.
It is well-established in scientific literature that certain toxins and chemicals can cross the placenta and harm an unborn baby. These toxins are called teratogenic. Teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina bifida.
Many mothers are exposed to many toxic chemicals while working. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription and over-thecounter medicines. Many pharmaceuticals have not been tested properly on pregnant women and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, environmental exposure is also a major birth defect Law firm factor. The presence of many different chemical compounds and toxins in the home, at work and in food can increase the risk of developing birth defects. This includes fungicides, pesticides lead, heavy metals, certain paints and many other chemical compounds. Exposure to these toxins is almost always inevitable. If companies fail to safeguard their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers aren't able to pinpoint exactly what causes a specific birth defect. It is possible that a mix of factors can cause the condition. The next step is to study the interactions in real-time. The National Children's Study is important because it is currently underway across several states. The NCS will enrol 100 women from the representative population and monitor them and their children over the long term. This study will provide the most comprehensive data available on how a variety of environmental factors affect fetal and birth defect law firm child health.
Many parents suffering from a child's birth defect law firm defect feel guilty that they may have contributed to the condition, however it is often the case that these types of defects are a given. Our birth defect lawyers know this and are dedicated to families seeking justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by a variety causes, ranging from drugs or alcohol use during pregnancy to genes. However, many of these issues can be prevented. If your child was diagnosed with a medical issue that could have been prevented it is possible to claim damages in an action for birth defects.
A New York birth defect attorney will be able help you determine if your child's condition is caused by an illness, chemical or environmental exposure that is eligible for compensation. Based on the severity of your child's illness the legal team will also be able to calculate the total cost of associated medical bills that are eligible for compensation.
While the vast majority of birth defects are not caused by medical negligence, there are cases when a healthcare worker was negligent prior to or during labor and delivery. A doctor could prescribe a medication that could harm a baby, even before birth, or make an error during surgery.
Our birth defect lawyers have successfully brought lawsuits against drug makers when a mother's medical care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with birth defect. We also have brought birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to hazardous substances during their work.
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