The 10 Most Scariest Things About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's not feasible. When this happens, it's crucial that parents who are stunned seek the assistance of a seasoned birth defects lawyers.

Birth problems and injuries can result from medical malpractice, drugs that are dangerous and exposure to environmental factors. A New York birth defects law firm can help.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in his or her area, it is deemed medical malpractice. This could include failing to perform prenatal testing or prescribing drugs that increase the chance of birth defects or making a mistake during labor or delivery.

Birth defects and birth injury can be caused by environmental and genetic factors however, they could also be a result of a doctor's negligence. For example the case where a doctor is unable to identify the presence of a congenital defect in utero and fails to notify the parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the ongoing costs associated with the disabled child.

To prevail in a medical malpractice claim in birth defect cases, the plaintiff must prove that the doctor was bound by a duty of care to the patient, and that he did not fulfill this duty, that his actions or lack of action directly triggered damages and injuries and that he suffered economic and noneconomic damages due to the injuries. These damages could include medical expenses, lost wages and emotional stress.

Some birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' recommendations about prenatal visits. If you believe that the birth defect of your child is the result of medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These birth defects may be of different severity and affect the way that children behave, appear and functions. Some are minor, but others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic disorders or a variety of chemcial and environmental causes. For instance, exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful medications or substances.

It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta and harm an unborn baby. These toxins are teratogenic. Teratogenic chemicals can cause birth defects like lip clefts, palates, and birth defect lawsuits spina Bifida.

Many mothers are exposed an array of toxic chemicals while at work. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents can be exposed to these chemicals when they consume certain prescription or over-the-counter medications. Many drugs have not been tested properly on pregnant women and have caused birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of a variety of chemicals and toxins in the workplace, at home and in food can increase the risk of developing birth defects. These include fungicides, pesticides, lead, heavy metals, certain paints and various chemical substances. Exposure to these toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the difficulty is evaluating the effects of these interactions in real time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from representative population and follow them throughout their lives as well as their children. This study will provide the most complete data available on how various environmental factors impact fetal as well as child health.

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

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol use 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 and prevented, you could be able to recover damages in a lawsuit involving birth defects.

A New York birth defect attorney can help you determine if the condition of your child is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. Depending on the severity of your child's condition your legal counsel will also be able calculate the full cost of the associated medical expenses that are qualified for compensation.

Although the vast majority are not the result of medical negligence there are instances where a doctor was negligent during or prior to labor and delivery. A doctor may prescribe a medication which harms an infant before it is born, or make an error during surgery.

Our birth defect lawyers have successfully pursued claims against drug manufacturers in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child developing a birth defect. We also brought birth defect lawsuits [just click the next document] against companies that expose their workers to dangerous substances while working like a paint factory or semiconductor manufacturing company.