How The 10 Worst Birth Defect Litigation Failures Of All Time Could Have Been Prevented
Birth Defect Lawsuits
Parents wish their children to be perfect, but at times that's impossible. If that happens it is vital that stunned parents seek out the assistance of skilled birth defect lawyers.
Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide answers.
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When a doctor fails follow the accepted standard of practice in their field, it's considered medical malpractice. This could be due to failing to perform prenatal testing 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 can also be the result of an error by a doctor. For example the case where a doctor is unable to identify an inborn disability and fails to inform parents of the condition, parents may file a wrongful birth claim seeking compensation for the ongoing expenses associated with the 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, that he breached that duty, that his actions or inaction action directly triggered damages and injuries, and that the plaintiff was a victim of economic and non-economic damages as a result of the injuries. These damages could include medical bills and lost wages, as well as emotional stress.
Certain birth injuries and defects are preventable with timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to follow their doctors' advice regarding prenatal appointments. If you suspect that medical negligence caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer right away.
Toxic Chemicals
Every year thousands of children are born with some kind of birth defect in the United States. These defects can be of various severity and affect the way that a child acts, looks and performs. Some are minor while others can cause serious problems that may be fatal.
Birth defects can result from genetic disorders or a variety of chemcial and environmental causes. For instance, exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.
In the scientific literature, it has been established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as the cleft lip and palate as well as spina Bifida and muscular dystrophy.
Many mothers are exposed a wide variety of toxic chemicals when they are at work. They can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription and over-thecounter medicines. Many drugs have not been properly tested on pregnant woman and have caused birth defects.
Environmental Exposure
While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of a variety of chemical compounds and toxins in the home, at work and in food can increase the risk of birth defects. Pesticides and fungicides are among the most prevalent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is usually unavoidable. However, when companies fail to safeguard pregnant employees, they're negligent and may be held accountable.
Researchers are still trying to find the precise cause of a birth defect. It is possible that a combination of factors may cause the condition. The next step is to analyze the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enrol 100 women from the representative population and will follow them and their children over the long-term. This study will provide most complete information on how environmental factors affect the health of children and fetuses.
Many parents who have a birth defect in their child are resentful and believe that they are responsible for it. However, these birth defects are often unavoidable. Our birth defect lawyers recognize this and are dedicated to families who seek justice for children who suffer from birth defects.
Product Liability
Birth defects can be caused by many causes, ranging from drugs or alcohol use during pregnancy to genes. Fortunately, a lot of these causes can be prevented. If your child was diagnosed with a medical issue that could have been prevented or prevented, you might be able to claim damages in an action for birth defects.
A New York birth defect lawyer will be able to help you determine if your child's condition was caused by chemical exposure, a drug or another environmental trigger that is eligible for compensation. Your legal team can estimate the total cost of medical expenses for your child's condition depending on the severity.
While the vast majority of birth defects are not caused due to medical negligence, there are cases in which a doctor or healthcare worker is negligent before or during labor and delivery. A physician may incorrectly prescribe a medication that harms the baby before it is born, or they may make an error during surgery.
Our birth defect lawyers have successfully pursued cases against drug companies when a mother's medical healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child developing birth defects. We also have brought birth defect lawsuits against companies that expose their workers to harmful substances while working for example, a paint factory or semiconductor manufacturing company.