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Parents would like their children to be perfect, but in some cases that's not feasible. When this happens, it's important parents who are shocked seek the assistance of experienced birth defects lawyers.
Birth injuries and birth defects can be caused by medical malpractice, drugs that are dangerous, and environmental exposure. A New York birth defect law firm can assist you in getting answers.
Medical Malpractice
When a doctor fails follow the accepted standard of practice in their field, it's considered medical malpractice. This could mean failing to perform routine prenatal tests or prescribing medication that increases the risk of a birth defect or making a mistake during labor and birth.
Birth defects and birth injury are usually the result of environmental and genetic causes, however, birth defect lawsuit they can also be caused by the negligence of a physician. For instance the case where a doctor is unable to identify an inborn disability and then fails to notify parents of the impairment, parents can file a wrongful birth claim seeking compensation for all the lifetime costs associated with the disabled child.
In order to win a medical negligence case in birth defects the plaintiff must demonstrate that the doctor was in breach of a duty of duty to the patient, that he failed to fulfill this duty, that his actions or lack of action directly led to injuries and damages and that he or she was a victim of economic and non-economic damages because of the injuries. These damages could include medical bills as well as lost wages and emotional distress.
Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. Therefore, it's vital for pregnant women follow their doctors' advice regarding prenatal visits. If you suspect that medical malpractice caused the birth defect of your child Contact a medical negligence and birth injury attorney immediately.
Toxic Chemicals
In the United States, thousands of babies are born every year with a birth defect. These birth defects can vary in severity and affect the how a child appears, acts and functions in life. Some are minor, but others can cause serious issues and even lead to death.
Birth defects can be caused by genetic defects or a range of chemcial or environmental factors. For example exposure to toxic chemicals can cause serious problems for a newborn. 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 literature that certain toxins and chemicals can cross the placenta to affect the unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals can cause birth defects like lips, palates, and clefts as well as spina bifida.
Many mothers are exposed to a wide variety of harmful chemicals when they are at work. These chemicals can be inhaled, inhaled or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These contaminants can also be ingested by parents when they consume certain prescription and over-thecounter medicines. Many pharmaceuticals have not been properly tested on pregnant women and have caused birth defects.
Environmental Exposure
Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's far from the only one. Many different chemicals and toxins that are present in the home, workplace and food can increase the risk of having a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. However, when companies do not take precautions to protect pregnant employees they're negligent and could be held accountable.
Researchers have yet to pinpoint the specific cause of a birth defect. It is possible that a combination between a variety of factors could cause the problem, but the issue is assessing the interactions in real-time. The National Children's Study is important since it is currently in process across several states. The NCS will enrol 100,000 women from representative populations as well as follow them and their children over the long term. This study will provide the most complete information to date on how various environmental factors influence fetal and child health.
Many parents suffering from a child's birth defect are resentful that they have contributed to the disorder, but it's often the case that these kinds of issues are inevitable. Our birth defect lawyers understand this and are committed to helping families seek justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was born with a medical issue which could have been prevented in the first place, you may be able to claim damages in a birth defect lawsuit.
A New York birth defect attorney will be able to help you determine if the condition of your child is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Depending on the severity of your child's condition your legal counsel will also be able to determine the total cost of associated medical bills that are suitable for compensation.
Although the majority of birth defects are not caused by medical negligence, there are some instances where a healthcare worker was negligent prior to or during labor and delivery. A doctor might prescribe a medicine incorrectly, which harms a baby even before the birth, or make an error during surgery.
Our birth defect lawyers have successfully brought cases against drug companies where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child being born with a birth defect. We have also brought birth defect lawsuits against companies that expose employees to dangerous chemicals in the workplace, such as a paint factory or semiconductor manufacturing company.
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