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Parents want their children perfect however, sometimes that’s impossible. If that happens it is crucial that parents who are in shock seek the help of seasoned birth defect lawyers.
Birth injuries and birth defects could be caused by medical negligence, drugs that are dangerous or exposure to environmental toxins. A New York birth defect law firm can provide answers.
Medical Malpractice
If a physician fails to follow the accepted standard of practice in their region, it’s deemed medical malpractice. This may include failing to perform prenatal screening and prescribing medicines that increase the risk of birth defects or committing an error during labor and delivery.
Birth defects and birth injury are usually the result of environmental and genetic factors, but they can also be caused by the negligence of a doctor. For example when a doctor fails to recognize a congenital disorder in the uterus and then fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses incurred by the disabled child.
A successful medical malpractice claim in birth defect cases demands that the doctor was obligated to the patient to perform a duty of care, that the physician did not fulfill this duty, that the doctor’s actions or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages could include medical bills, lost wages and emotional stress.
Some birth defects and injuries are preventable through timely testing and monitoring during pregnancy. Therefore, it’s important for pregnant women to follow their doctors’ recommendations regarding prenatal appointments. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with some form of birth defect in the United States. These defects vary in severity and affect way that a child appears, behaves and performs in life. Some are minor, but others can cause serious problems and may even cause death.
Birth problems can be caused by genetic disorders or a variety of chemcial or environmental factors. For instance exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.
In scientific literature, it is established that certain chemicals and toxins may cross the placenta to affect the unborn child. These chemicals are referred to as teratogenic. These teratogenic chemicals can cause birth defects like lip clefts, palates, and spina bifida.
Many mothers are exposed a wide variety of toxic chemicals while they are working. They can be ingested or inhaled, or absorbed by the skin of the body. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents may be exposed to these poisons when they consume certain prescription or over-the-counter medications. A lot of pharmaceuticals haven’t been adequately tested on pregnant woman and may cause birth defects.
Environmental Exposure
Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it’s not the only cause. The presence of a variety of chemical compounds and toxins in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, if companies fail to safeguard pregnant employees they’re negligent and may be held responsible.
Researchers are still trying to determine the specific cause of a birth defect. It is possible that a combination between multiple factors may cause the condition, but the challenge is evaluating the effects of these interactions in real time. This is why the National Children’s Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative populations and will follow them and their children for the course of time. This study will provide the most complete data to date about how many environmental factors affect fetal and child health.
Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the disorder, but it is the norm that these kinds of problems are unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families who have children who have birth defects.
Product Liability
Many birth defects result from a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. However, many of these issues can be prevented. If your child was diagnosed with a medical condition which could have been avoided and prevented, you could be able to recover damages in an action for birth defects.
A New York birth defect attorney can help you determine if the condition of your child is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills that are related to your child’s illness in relation to the severity.
Although the vast majority are not due to medical negligence, there have been cases where doctors have been negligent during or before labor and birth. A doctor might prescribe a medication incorrectly that can harm a baby before birth, or even make an error in surgery.
Our tumwater birth defect attorney defect attorneys have successfully defended claims in which a mother’s health healthcare provider was exposed toxic chemicals or prescription drugs which increased the risk that she will give birth to a child who has birth defects. We have also brought birth defect lawsuits against companies that expose employees to harmful substances in the workplace for example, a paint factory or semiconductor manufacturing company.