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10 Things You Learned In Kindergarden Which Will Aid You In Obtaining Birth Defect Litigation
Birth Defect Lawsuits
Parents want their children perfect, but that's sometimes not always possible. If this happens, it's vital parents who are shocked seek the assistance of experienced birth defect lawyers.
Birth problems and injuries can result from medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical negligence occurs when a doctor is in violation of the accepted standard of medical care in their field. This could include failing to conduct routine prenatal testing and prescribing a medication that increases the chance of having a birth defect, or making a mistake during labor birth defect Law firm and birth.
Birth defects and birth injuries are usually caused by environmental and genetic factors however, they can also be caused by an error by a doctor. If a physician fails to detect congenital defects in utero and fails to inform the parents, the parents may be legally able to file a case for wrongful birth seeking compensation for all costs related to their child's disability.
In order to prevail in a medical malpractice case in birth defects, the plaintiff must prove that the doctor owed a breach of care to the patient, and that he did not fulfill the duty, and that his actions or inaction action directly led to damages and injuries, and that the plaintiff was a victim of economic and non-economic damages from the injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are crucial to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.
Toxic Chemicals
In the United States, thousands of babies are born each year with a birth defect. These defects vary in severity and affect the manner in which a child looks, behaves and performs in life. Some are minor while others can lead to serious issues that could be fatal.
Birth defects can be caused by genetic disorders or a variety of chemcial or environmental factors. For instance, exposure to toxic chemicals could cause serious complications for newborns. Our firm is committed to holding employers accountable for exposing pregnant women and their newborn babies to harmful substances or medications.
In the scientific literature, it is established that certain chemicals and toxins can traverse the placenta to affect the unborn child. These toxins are teratogenic. Teratogenic chemicals can cause birth defects like the cleft palate, lips and spina bifida.
Many mothers are exposed to a wide variety of toxic chemicals while they are working. These chemicals can be inhaled or inhaled, or absorbed by the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) that are used in the manufacture of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been proven to cause birth defects.
Environmental Exposure
While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors is also a major factor. Numerous different chemicals and toxins found in the home or workplace can increase the risk of having a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is generally inevitable. However, if companies do not take precautions to protect pregnant employees they are negligent and can be held responsible.
Researchers are still trying to determine the precise cause of a birth defect. It could be that an interaction between a variety of factors could cause the problem, but the issue is evaluating the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enrol 100,000 women from a variety of populations and follow them and their children over the long term. This study will provide the most comprehensive information about the effects of environmental factors on the health of children and fetuses.
Many parents suffering from a child's birth defect feel guilty that they may have contributed to the disorder, but it's usually the case that these kinds of problems are a given. Our birth defect lawyers understand this and are dedicated in helping families with children who have birth defects.
Product Liability
Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was born with a medical condition that could have been prevented and you are entitled 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 an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness your legal team will also be able calculate the total cost of medical bills that are suitable for compensation.
While the vast majority of birth defects aren't caused by medical negligence, there are some instances where a healthcare worker has been negligent prior to or during labor and delivery. A doctor might prescribe a medication in a way that can harm a baby before birth, or even make an error in surgery.
Our birth defect lawyers have successfully defended claims against drug manufacturers when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child developing a birth defect. We have also filed birth defect lawsuits against companies that expose employees to hazardous substances on the job for example, a paint factory or semiconductor manufacturing companies.
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