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20 Myths About Birth Defect Litigation: Debunked

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작성자 Susana 작성일 24-07-01 13:12 조회 19 댓글 0

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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's impossible. If this happens, it's important that parents who are stunned seek the assistance of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm (www.numeracy.wiki) can provide answers.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of medical care in their field. This could include failing to perform prenatal testing, prescribing medications which increase the chance of birth defects or committing an error during labor or delivery.

Birth defects and birth injuries are usually the result of environmental and genetic factors, however, they can also be the result of a doctor's negligence. For example when a doctor does not recognize the presence of a congenital defect in utero and then fails to notify parents of the condition, parents may file a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the doctor owed the patient a duty of care, that the doctor violated that duty, the doctor's negligence or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include medical bills and lost wages, as well as emotional stress.

Prenatal visits are necessary to ensure that pregnant women receive the proper testing and monitoring. 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

Every year, thousands of children are born with some type of birth defect in the United States. These birth defects may be of different severity and impact the way the child behaves, looks and functions. Some are minor while others can cause serious issues that could be fatal.

Birth defects can result from genetic abnormalities or a variety of environmental and chemcial factors. Exposure to toxic chemicals, for instance could cause serious problems in babies. Our firm is determined to hold employers accountable for exposed pregnant women and their newborn babies to harmful substances or medications.

It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta to affect the unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals could cause birth defects like the cleft palate and lips as well as spina Bifida and muscular dystrophy.

While they are working, mothers are exposed of toxic chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents may also be exposed toxins when they are consuming certain prescription and over-the counter drugs. Many drugs have not been thoroughly tested on pregnant woman and have caused 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 reason. A variety of toxins and chemicals that are present in the home as well as in food items can increase the risk of having a birth defect. These include fungicides, pesticides and lead, as well as heavy metals, certain paints, and other chemical substances. Exposure to these toxic substances is often inevitable. But, when businesses fail to protect pregnant employees they're negligent and may be held responsible.

Researchers are still trying to find the root of the birth defect. It is possible that a variety of factors could cause the condition. The challenge is to study 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 a representative population and follow them throughout their lives and also their children. This study will provide the most complete information to date on how various environmental factors affect fetal and child health.

Many parents suffering from a child's birth defect feel guilty that they may have contributed to the disorder, but it is the norm that these kinds of problems are not a choice. Our birth defect lawyers know this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by many causes, from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes can be prevented. If your child was born with a medical condition that could have been avoided, you may be entitled to recover damages through an action for birth defects.

A New York birth defect attorney can assist you to determine if your child's condition is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Depending on the degree of your child's illness your legal team will also be able calculate the full cost of the associated medical expenses that are suitable for compensation.

Although the majority of birth defects are not caused by medical negligence, there are occasions when a healthcare worker has been negligent before or during labor and delivery. A doctor could incorrectly prescribe a medication which harms a baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully litigated allegations that a mother's health care provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she could give birth to a child who has birth defects. We have also filed birth defect lawsuits against companies that expose their workers to harmful substances while working for example, a paint factory or semiconductor manufacturing company.

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