25 Surprising Facts About Birth Defect Litigation

Birth Defect Lawsuits

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

Birth problems and injuries can result from medical malpractice or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in his or her area, it is considered medical malpractice. This could include failing to conduct routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect or committing a lapse during the labor and delivery.

Birth birth defects and birth injuries are typically caused by genetic or environmental causes, but occasionally they are the result of a doctor's negligence or malpractice. If a physician fails to detect congenital disabilities in utero and fails to inform parents of the problem that their child is disabled, parents may be legally able to file a case for wrongful birth seeking compensation for all costs related to their child's disability.

In order to prevail in a medical malpractice claim in birth defect cases, the plaintiff must prove that the doctor was in breach of a duty of care to the patient, that he failed to fulfill this duty, that his actions or lack of action directly triggered injuries and damages and that the patient suffered economic and noneconomic damage due to the injuries. These damages could include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are essential to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that the birth defect of your child is the result of medical malpractice, [empty] contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects can be of varying severity and affect the way that children behave, look and functions. Some are minor, but others can cause serious problems that may be fatal.

The causes of a child's birth defects could be due to genetic disorders or a variety of chemical and environmental factors. For instance, exposure to toxic chemicals could cause serious health issues for newborns. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or drugs.

In the scientific literature, it is well-established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as the cleft palate and lips, spina bifida and muscular dystrophy.

While working, many mothers are exposed to a range of harmful chemicals. These chemicals can be inhaled, inhaled or absorbed into the body's skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the production of semiconductors. Parents can be exposed to these chemicals when they consume certain prescription and over-the counter drugs. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's not the only cause. The presence of numerous chemical compounds and toxins in the workplace, at home and in food can increase the risk of birth defects. These include pesticides, fungicides lead, heavy metals, certain paints, and many other chemical substances. Exposure to these toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers aren't able to pinpoint exactly what causes a particular birth defect. It could be that an interaction with multiple factors could trigger the condition, but the challenge is evaluating these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a representative population and follow their progress over time and also their children. This study will provide the most comprehensive data to date on how various environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty believing that they are responsible for it. However, these defects are often unavoidable. Our birth defect lawyers are aware of this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition that could have been prevented or prevented, you could be entitled to recover damages through an action for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's condition is the result of an exposure to chemicals, medication or other environmental trigger that is eligible for compensation. Based on the degree of your child's illness your legal team will also be able to determine the full cost of the medical bills that are suitable for compensation.

Although the vast majority are not caused due to medical negligence however, there have been instances where doctors have been negligent during or prior to labor and delivery. A doctor could incorrectly prescribe a medicine that hurts a baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies in which a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with birth defects. We also brought birth defect lawsuits against companies that expose workers to harmful substances on the job, such as a paint factory or semiconductor manufacturing company.