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5 Laws That Anyone Working In Birth Defect Litigation Should Be Aware …

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Writer Virginia Date24-04-21 11:26 Hit6

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Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not possible. If this happens, it's important parents who are shocked seek the help of experienced birth defect lawyers.

Birth problems and injuries can result from medical malpractice or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This might involve failing to perform routine prenatal testing or prescribing medications that increase the chance of having a birth defect or committing a lapse during labor and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental factors, however, they can also be caused by a doctor's negligence. For instance, if a physician fails to detect a congenital disability in utero and then fails to notify the parents of this disability, the parents can file a wrongful birth claim seeking compensation for the lifelong expenses associated with the handicapped child.

To prevail in a medical malpractice case in birth defects the plaintiff must show that the doctor owed a duty of care to the patient, that he failed to fulfill that duty, that his actions or inaction action directly caused injuries and damages and that the patient suffered economic and noneconomic damage from the injuries. These damages may include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth injuries and defects can be prevented by timely testing and monitoring during pregnancy. Therefore, it's important for pregnant women to follow their doctors' advice regarding their prenatal visits. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects vary in severity and impact the how a child appears, acts and functions in life. Some are minor, while others can cause serious problems and can even be fatal.

The causes of a child's birth defects can be attributed to genetic defects or a variety of chemical and environmental factors. Exposure to harmful chemicals, for instance could cause serious problems in the newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and birth defect law firm unborn babies to harmful chemicals or drugs.

In scientific literature, it is established that certain chemicals and toxins can cross the placenta to affect the unborn child. These chemicals are teratogenic. The exposure to these teratogenic chemicals may cause birth defects, such as the cleft lip and palate, spina bifida and muscular dystrophy.

While working, many mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. Parents may also be exposed toxic substances when they consume certain prescription and over-the counter drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defect law firm defects, exposure to environmental factors can also be a significant factor. Numerous different chemicals and birth defect law firm toxins that are found in the home as well as in food items could increase the chances of having a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints, and many other chemical substances. Exposure to these toxins is almost always inevitable. But, when businesses do not take precautions to protect pregnant employees, they're negligent and may be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It could be that a combination of factors can cause the condition. The trick is to study these interactions in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enroll 100,000 women from a representative population and follow them over time, as well as their children. This study will provide complete information on how environmental factors impact the health of children and fetuses.

Many parents who have a birth defect in their child are resentful, believing that they contributed to it. However, these issues are usually unavoidable. Our birth defect lawyers recognize this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol consumption during pregnancy to genes. However, many of these causes can be avoided. If your child was born with a medical condition that could have been avoided in the first place, you may be able to claim damages through an action for birth defects.

A New York birth defect attorney can help you determine if your child's illness is due to a medication, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical expenses that are related to your child's illness according to the severity.

While the majority of cases are not due to medical negligence there are instances where a doctor was negligent during or prior to labor and birth. A doctor could incorrectly prescribe a medication which harms an infant before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her having a child born with birth defect. We also have brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to harmful chemicals when they work.