5 Laws Everybody In Birth Defect Litigation Should Be Aware Of

Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not possible. If that happens it is imperative that stunned parents seek the assistance of experienced birth defect lawyers.

Birth problems and injuries can result from medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of medical care in their area of expertise. This might involve failing to perform routine prenatal testing, prescribing medication that increases the chance of having a birth defect or committing a lapse during the birth and delivery.

Birth defects and birth injuries can be the result of genetic and environmental causes, however sometimes they are the result of the negligence or malpractice of a doctor. For example, if a physician fails to recognize a congenital disorder in the uterus and fails to notify the parents of this disability, the parents may make a claim for wrongful birth seeking compensation for all the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the doctor breached this duty, that the doctor's negligence or failure to act led directly to injuries and damages, and birth defect lawsuits that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages could include medical expenses, lost wages and emotional stress.

Prenatal visits are crucial to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These defects can be of various severity and affect the way that the child behaves, looks and functions. Some are minor and others can lead to serious problems that may be fatal.

The causes of a child's birth defects can be attributed to genetic disorders or a variety of environmental and chemical factors. For instance, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta and harm an unborn baby. These toxins are teratogenic. The exposure to these chemicals can cause birth defects, such as Cleft lips and palates as well as spina Bifida and muscular dystrophy.

While they are working, many mothers are exposed to a variety of harmful chemicals. They can be ingested, inhaled or birth defect lawsuits absorbed into the skin of the body. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription or over-the-counter medications. This is due to the fact that many drugs aren't adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure is also a major factor. Many different toxins and chemicals that are present in the home as well as in food items can increase the risk of having a birth defect attorney defect. Pesticides and fungicides are among the most commonly used. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers aren't able to determine exactly what causes the birth defect in a specific way. It could be that a combination of factors could cause the condition. The trick is to evaluate the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100 women from the representative population and will follow them and their children over the long term. This study will provide the most comprehensive data to date on how different environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child feel guilty, believing that they caused it. However, these defects are usually unavoidable. Our birth defect lawyers know this and are committed to helping families seek justice for children suffering from birth defects.

Product Liability

Birth problems are caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genetic. Fortunately, a lot of these causes can be avoided. If your child was diagnosed with a medical issue that could have been avoided it is possible to seek compensation through lawsuits for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's illness was caused by a medication, chemical exposure or other environmental trigger which is eligible for compensation. Depending on the degree of your child's illness your legal team will also be able to calculate the full cost of the medical bills that are qualified for compensation.

While the vast majority of birth defects are not caused due to medical negligence, there are cases in which a doctor or healthcare professional has been negligent before or during labor and delivery. A doctor might incorrectly prescribe a medication that harms a baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully pursued claims in which a mother’s health medical professional was exposed to toxic chemicals or prescription drugs which increased the chances that she would give birth to a child who has birth defects. We also brought birth defect lawsuits against companies that expose their workers to harmful substances on the job in a paint factory or semiconductor manufacturing company.