10 Quick Tips About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. When that happens, it is essential that parents who are in shock seek the help of seasoned 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 can help you find answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This could mean failing to conduct prenatal testing or prescribing medications that increase the likelihood of birth defects or committing an error during labor or delivery.

Birth defects and birth injuries are usually caused by genetic and environmental factors, however, they can also be caused by the negligence of a doctor. For example the case where a doctor does not recognize the presence of a congenital defect in utero and then fails to notify parents of the condition, parents may bring a wrongful birth claim seeking compensation for all the lifetime expenses incurred by the disabled child.

To win a medical malpractice claim in birth defects the plaintiff must demonstrate that the doctor owed a breach of duty to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly caused damages and injuries, and that the patient was a victim of economic and non-economic damages because of the injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy. It's crucial for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These defects are of various degrees and impact the way children behave, appear and functions. Some are minor, while others can cause serious problems that may be fatal.

The causes of a child's birth defects may be due to genetic abnormalities or a variety of chemical and environmental factors. For example, exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or medications.

In the scientific literature, it has been established that certain chemicals and toxins can be transmitted through the placenta, affecting the unborn child. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals can cause birth defects like the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed to a variety of harmful chemicals. These chemicals can be ingested, inhaled or absorbed into the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. These contaminants can also be ingested by parents 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 demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. A variety of toxins and chemicals that are found in the home or workplace could increase the chances of 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 toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, it is negligence and birth defect law firm they can be held accountable.

Researchers are unable to determine exactly what causes the birth defect in a specific way. It is possible that a variety of factors could cause the condition. The problem is to analyze these interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from a representative population and track them over time and also their children. This study will provide the most complete information to date on how a variety of environmental factors impact fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty for having contributed to the condition, however it's usually the case that these kinds of issues are unavoidable. Our birth defect lawyers are aware of this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be cured. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to recover damages in an action for birth defects.

A New York birth defect attorney will be able help you determine if your child's condition is due to a medication, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition, your legal team will be able to estimate the full cost of the associated medical expenses that are suitable for compensation.

While the vast majority of birth defects aren't caused due to medical negligence, there are some instances where a healthcare worker has been negligent before or during labor and delivery. A doctor might prescribe a medication that can harm a baby before birth, or even make an error during surgery.

Our birth defect lawyers have successfully defended claims in which a mother’s health care provider was exposed prescription drugs or toxic chemicals which increased the chances that she could give birth to a child who has birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories which expose their employees to toxic chemicals while at work.