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Parents want their children perfect however sometimes it's impossible. When this happens, it's essential that parents who are shocked seek the help of experienced birth defects lawyers.
Medical malpractice, dangerous drugs, 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 negligence occurs when a doctor violates the accepted standard of medical care in their area of expertise. This could mean failing to conduct routine prenatal tests or Birth Defect law firm prescribing medication that increases the likelihood of a birth defect or committing a lapse during the birth and delivery.
Birth defects and birth injury can be caused by genetic and environmental factors, but they can also be caused by the negligence of a physician. For instance, if a physician is unable to identify a congenital disorder in the uterus and fails to inform the parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses incurred by the disabled child.
To win a medical negligence case in birth defect cases the plaintiff must show that the doctor owed a breach of duty to the patient, that he breached the duty, that his actions or inaction action directly led to damage and injuries, and that the patient suffered economic and noneconomic damages from the injuries. These damages could include medical expenses and lost wages, as well as emotional stress.
Prenatal visits are important to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice and birth defect lawsuit injury lawyer as soon as possible.
Toxic Chemicals
Every year thousands of children are born with a type of birth defect in the United States. These birth defects can range in severity and affect how a child appears, behaves and performs in life. Some are minor, while others can cause serious problems and even lead to death.
Birth problems can be caused by genetic anomalies or a range of chemcial or environmental factors. For instance exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.
It is well-established in scientific research that certain toxins and chemicals can pass through the placenta and harm an unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects, such as cleft lips, palates and spina bifida.
While working, mothers are exposed to a variety of toxic chemicals. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as EGE or ethylene glycol (EGE) employed in the production of semiconductors. These toxic substances can also be consumed by parents who take certain prescription or over-the-counter medications. This is due to the fact that many drugs aren't adequately tested on pregnant women and have been found to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors is also a major cause. The presence of various chemicals and toxins at the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most common. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers aren't able to determine exactly what causes a specific birth defect. It could be that an interaction between a variety of factors could cause the condition, but the challenge is evaluating these interactions in real time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from a representative population and monitor their progress over time, as well as their children. This study will provide most comprehensive data on the effects of environmental factors on the health of infants and children.
Many parents who have a birth defect in their child feel guilt because they believe they contributed to it. However, these birth defects are usually inevitable. Our birth defect lawyers understand this and are committed to families who seek justice for children suffering from birth defects.
Product Liability
Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided, you may be able to get compensation in an action for birth defects.
A New York birth defect attorney will be able help you determine if your child's problem is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness the legal team will be able to estimate the total cost of associated medical expenses that are eligible for compensation.
Although the vast majority are not caused due to medical negligence, there have been cases where a doctor has been negligent during or prior to labor and birth. A doctor may prescribe a medicine incorrectly, which causes harm to a baby even before birth, or make an error during surgery.
Our birth defect attorneys have successfully prosecuted claims in which a mother’s health care provider was exposed toxic chemicals or prescription drugs which increased the risk that she would give birth to a child suffering from birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to dangerous chemicals at work.
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