4 Dirty Little Secrets About Birth Defect Litigation And The Birth Defect Litigation Industry

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's impossible. If this happens, it's crucial that parents who are shocked seek out the help of experienced birth defects lawyers.

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

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of care in his or her area of expertise. This could include not performing prenatal tests or prescribing drugs that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth birth defects and birth injuries are typically the result of genetic and birth defects environmental causes, however sometimes they are the result of an error or negligence of a physician. If a doctor fails detect congenital disabilities in utero, and then fails not to inform parents that their child is disabled, parents may be eligible to file a claim for compensation due to a birth defect for all expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the doctor did not fulfill this duty, that the doctor's actions, or failure to act caused injuries and damages and that the victim was harmed economically and non-economically due to his or her injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth injuries and defects can be prevented with timely testing and monitoring during pregnancy. It's important for pregnant women to follow their doctors' advice regarding prenatal appointments. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and impact the how a child appears and behaves throughout life. Some are minor, but others can cause serious problems and may even cause death.

The reasons for a child's birth defects can be attributed to genetic abnormalities or a range of chemical and environmental factors. For example exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed in holding employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta to affect the unborn baby. These toxins are teratogenic. Exposure to these chemicals can cause birth defects like the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed to an array of toxic chemicals while they are working. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. These toxic substances can also be consumed by parents when they take certain prescription and birth defects over-the-counter drugs. This is due to the fact that many drugs are not adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, exposure to environmental factors can also play a role. The presence of numerous chemical compounds and toxins in the home, at work and in food items can increase the risk of birth defects. This includes fungicides, pesticides lead, heavy metals, certain paints, and many other chemical substances. Exposure to these toxins is almost always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still trying to find the precise cause of a birth defect. It is possible that a combination of factors can trigger the condition. The problem is to study these interactions in real-time. The National Children's Study is important since it is currently in process across several states. The NCS will enroll 100,000 women from a representative population and track their progress over time, as well as their children. This study will provide the most comprehensive data to date on how many 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 are responsible for it. However, these birth defects are usually inevitable. Our birth defect lawyers are aware of this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. However, many of these causes can be prevented. If your child was born with a medical issue that could have been avoided in the first place, you may be able to claim damages in an action for birth defects.

A New York birth defect attorney can assist you to determine if your child's problem is due to an underlying chemical, medication or environmental exposure that qualifies 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 bills that are eligible for compensation.

Although the majority of birth defects are not caused due to medical negligence, there are occasions in which a doctor or healthcare worker has been negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medicine that hurts a baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her having a child with birth defects. We also have brought birth defect lawsuits against companies that expose employees to dangerous substances at work in a paint factory or semiconductor manufacturing companies.