5 Laws Everybody In Birth Defect Litigation Should Be Aware Of

Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not possible. If that happens it is vital that parents in shock seek the help of seasoned birth defect lawyers.

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

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of medical care in their area of expertise. This may include failing to perform prenatal screening and prescribing medicines which increase the chance of birth defects or making a mistake during labor and delivery.

Birth Defect law Firms defects and birth injuries are usually caused by genetic or environmental causes, but occasionally they are the result of the negligence or malpractice of a doctor. If a doctor fails to detect congenital disabilities in utero and fails to inform parents they may be able to file a claim for compensation due to a birth defect for all expenses related to their child's disability.

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 that duty, the doctor's actions or inability to act caused injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages could include medical bills as well as lost wages and emotional distress.

Certain birth injuries and defects are preventable by prompt testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to adhere to their doctor's recommendations about prenatal visits. If you believe that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

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

The reasons for a child's birth defects can be attributed to genetic anomalies or a wide variety of chemical and environmental factors. Exposure to harmful chemicals, for instance can trigger serious complications in the infant. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or medications.

It is well-established in the scientific studies that certain toxicants and chemicals can cross the placenta and harm an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects, such as the cleft lip and palate as well as spina Bifida and muscular dystrophy.

While they are working, mothers are exposed of toxic chemicals. These chemicals can be ingested, inhaled or absorbed into the body's skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed toxins when they are consuming certain prescription or over-the-counter medications. Many drugs have not been thoroughly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure is also a major factor. The presence of a variety of chemicals and toxins at the workplace, at home and in food can increase the risk of birth defects. These include pesticides, fungicides, lead, heavy metals, some paints and other chemical substances. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to find the root of the birth defect. It is possible that a combination between a variety of factors could cause the condition, but the challenge 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 crucial. The NCS will enrol 100,000 women from representative populations and follow them and their children for the long term. This study will provide complete information on the effects of environmental factors on the health of children and fetuses.

Many parents who suffer from a birth defect in their child are resentful and believe that they are responsible for it. However, these issues are not always preventable. Our birth defect attorneys are aware of this and are committed to helping families whose children are born who have birth defects.

Product Liability

Birth defects are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. However, many of these causes can be avoided. If your child was born with a medical condition that could have been avoided, you may be entitled to compensation through an action for birth defects.

A New York birth defect attorney will be able help you determine if your child's illness is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the severity of your child's illness, your legal team will be able to estimate the full cost of the medical bills admissible for compensation.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases where a healthcare professional has been negligent prior to or during labor birth Defect law firms and birth. A doctor might prescribe a medication in a way that harms a baby even before birth, or even make an error during surgery.

Our birth defect attorneys have successfully defended allegations that a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the risk that she will give birth to a child who has birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers to hazardous substances in the workplace.