The 10 Worst Birth Defect Litigation Fails Of All Time Could Have Been Prevented

Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. If this happens, it's essential parents who are shocked seek the assistance of a seasoned birth defect lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice occurs when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This could include failing to conduct prenatal testing, prescribing medications that increase the risk of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries are often caused by genetic or environmental factors, but sometimes they arise due to an error or negligence of a physician. For example when a doctor is unable to identify an inborn disability and then fails to notify the parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty to the patient of care, that the physician violated this duty, the doctor's negligence or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damages due to his or her injuries. These damages could include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women are provided with the appropriate testing and monitoring. If you believe that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects can be of varying severity and impact the way children behave, appear and performs. Some are minor and others can cause serious issues that could be fatal.

Birth problems can be caused by genetic abnormalities or a variety of chemcial and environmental factors. Exposure to harmful chemicals, for example causes serious complications in babies. Our firm is committed in making employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta and affect an unborn baby. These toxins are teratogenic. The exposure to these chemicals can cause birth defects like the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.

While working, mothers are exposed of toxic chemicals. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) which are used in the manufacture of semiconductors. These toxins can also be ingested by parents while they are taking certain over-the counter and prescription drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and Birth Defect Law Firm have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, environmental exposure is also a major cause. A variety of toxins and chemicals found in our homes or workplace can increase the likelihood of having a birth defect. This includes fungicides, pesticides lead, heavy metals, certain paints and other chemical substances. Exposure to toxic substances is almost always inevitable. However, when companies fail to protect pregnant employees they are negligent and could be held accountable.

Researchers have yet to pinpoint the precise cause of a birth defect. It is possible that an interaction between multiple factors may cause the problem, but the issue is evaluating the effects of 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 women from the representative population as well as follow them and their children over the long-term. This study will provide the most comprehensive data to date about how various environmental factors affect fetal and child health.

Many parents suffering from a birth defect lawyer defect in their child are resentful that they have contributed to the problem, but it is the norm that these kinds of problems are inevitable. Our birth defect lawyers understand this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition that could have been prevented in the first place, you may be able to recover damages through a birth defect lawsuit.

A New York birth defect attorney can help you determine if the condition of your child is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's illness your legal team will also be able to 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 some instances where a healthcare worker is negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication that harms the baby before it is born, or commit a mistake during surgery.

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