The Most Pervasive Problems In Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's impossible. When this happens, it's important that parents who are stunned seek out the help of experienced birth defect lawyers.

Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of medical care in their area of expertise. This may include failing to conduct prenatal testing or prescribing drugs that increase the chance of birth defects or committing an error during labor and birth.

Birth defects and birth injury are usually caused by genetic and environmental factors, however, they could also be caused by the negligence of a doctor. If a doctor fails detect congenital disabilities in utero, and then fails not to inform parents they may be eligible to file a claim for wrongful birth seeking compensation for all costs that are associated with their disabled child.

In order to prevail in a medical negligence case in birth defects, the plaintiff must prove that the doctor owed a breach of care to the patient, and that he violated that duty, that his actions or lack of action directly led to injuries and damages and that he or she suffered economic and noneconomic damage because of the injuries. These damages could include medical expenses and lost wages, as well as emotional stress.

Prenatal visits are important to ensure that pregnant women receive the proper testing and monitoring. If you suspect that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects can be of varying severity and impact the way a child acts, looks and functions. Some are minor, but others can lead to serious issues that could be fatal.

The causes of a child's birth defects could be due to genetic disorders or a range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious complications for newborns. Our firm is determined to hold employers accountable for exposing pregnant women and their newborn babies to harmful substances or drugs.

In scientific literature, it is established that certain chemicals and toxins may traverse the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals may cause birth defects such as Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

While working, many mothers are exposed of toxic chemicals. These chemicals can be ingested, inhaled or absorbed through the skin of the body. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. These toxic substances can also be consumed by parents when they consume certain prescription or over-the-counter medications. This is because many pharmaceuticals are not properly tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure is also a major factor. The presence of many different toxins and chemical compounds 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 birth Defect law firm many other chemical substances. Exposure to these toxic substances is often 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 a specific birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the challenge is assessing the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from representative population and follow them over time and also their children. This study will provide comprehensive data on the effects of environmental factors on fetal and childhood health.

Many parents suffering from a child's birth defect feel guilty that they somehow contributed to the condition, however it's often the case that these kinds of issues are not a choice. Our birth defect lawyers understand this and are dedicated in helping families who have children with birth defect attorney 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 which could have been avoided it is possible to seek compensation through lawsuits for birth defects.

A New York birth defect lawyer can help you determine whether your child's illness is caused by chemical exposure, a medication or other environmental trigger which is eligible for compensation. Based 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 qualified for compensation.

Although the vast majority of birth injuries are not caused due to medical negligence, there have been cases in which a doctor was negligent prior to or during labor and delivery. A doctor could prescribe a medication in a way that could harm a baby, even before the birth, or make an error in surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her having a child with a birth defect. We also have brought birth defect lawsuits against semiconductor and paint factories that expose their workers to dangerous chemicals in the workplace.