20 Myths About Birth Defect Litigation: Busted

Birth Defect Lawsuits

Parents want their children perfect but sometimes it's impossible. When this happens, it's crucial that parents who are stunned seek the help of experienced birth defect lawyers.

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

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in his or her field, it's considered medical malpractice. This could mean failing to conduct routine prenatal tests, prescribing medication that increases the likelihood of a birth defect or making a mistake during the birth and delivery.

Birth birth defects and birth injuries are usually caused by genetic or environmental causes, however sometimes they occur due to the negligence or malpractice of a doctor. If a doctor fails to detect congenital defects in utero, and then fails not to inform the parents, the parents may be able to file a claim for wrongful birth seeking compensation for all the expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the doctor violated that duty, the doctor's negligence or failure to act led directly to injuries and damages, and that the victim was harmed economically and non-economically due to the injuries. These damages could include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects are preventable by timely testing and monitoring during pregnancy. It's essential for pregnant women to follow their doctors' advice regarding prenatal appointments. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These defects can vary in severity and affect manner in which a child looks, acts and functions in life. Some are minor, but others can cause serious problems that may be fatal.

Birth problems can be caused by genetic abnormalities or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for example causes serious complications in babies. Our firm is determined to hold employers accountable for the exposure of pregnant women and newborn babies to harmful substances or drugs.

In scientific research, it is known that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals may cause birth defects like the cleft palate and lips as well as spina bifida, and muscular dystrophy.

While working, mothers are exposed a variety of toxic chemicals. These chemicals can be ingested or inhaled, or birth Defect law Firm absorbed by the body's skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the manufacture of semiconductors. Parents can also be exposed to these poisons when they consume certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's far from the only one. Many different chemicals and toxins that are found in the home as well as in food items can increase the chance of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are unable to pinpoint exactly what causes the birth defect in a specific way. It is possible that a combination between several factors can cause the condition, but the problem is assessing these 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 enroll 100,000 women from a variety of populations and will follow them and their children for the long-term. This study will provide the most comprehensive data available on how a variety of environmental factors impact fetal and child health.

Many parents suffering from a child's birth defect feel guilty that they somehow contributed to the condition, however it's usually the case that these kinds of issues are inevitable. Our birth defect lawyers understand this and are committed to helping families who have children with birth defects.

Product Liability

Birth defects can be caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, a lot of these causes can be avoided. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to claim damages through a birth defect lawsuit.

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

Although the majority of birth defects aren't caused by medical negligence, there are instances in which a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication that injures an infant before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug makers in which a mother's health care provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her having a child born with birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to harmful chemicals in the workplace.