The Most Pervasive Problems In Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not always possible. If that happens, it is essential for parents to seek the help of experienced birth defect 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 assist.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of care in his or her area of expertise. This could be due to failing to perform prenatal testing or prescribing medications that increase the chance of birth defects, or making an error during labor and delivery.

Birth defects and birth injuries are often caused by environmental and genetic factors however, they can also be a result of a doctor's negligence. For instance when a doctor fails to recognize the presence of a congenital defect in utero and then fails to notify the parents of this impairment, parents can bring a wrongful birth claim seeking compensation for all the lifetime costs associated with the disabled child.

To win a medical malpractice claim in birth defect cases the plaintiff must show 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 inaction action directly resulted in damages and injuries, and that he was a victim of economic and non-economic damages from the injuries. These damages could include medical bills and lost wages, as well as emotional stress.

Prenatal visits are crucial to ensure that pregnant women receive the proper tests and monitoring. If you suspect that medical malpractice caused the birth defect of your child 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 defects may be of different severity and impact the way a child acts, looks and functions. Some are minor, while others can cause serious issues and even lead to death.

Birth defects can result from genetic defects or birth Defect lawsuit a range of chemcial and environmental factors. For example, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or drugs.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta and harm an unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals can cause birth defects such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to an array of toxic chemicals when they are at work. They can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the fabrication of semiconductors. Parents can also be exposed to these poisons when they consume certain over-the-counter and prescription 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

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's not the only reason. Numerous different chemicals and toxins that are present in the home workplace, food and work environment could increase the chances of having a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, if companies fail to protect pregnant workers they are negligent and could be held accountable.

Researchers aren't able to identify the exact cause of a specific birth defect. It is possible that a combination of factors may cause the condition. The challenge is to analyze the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enrol 100,000 women from representative populations and follow them and their children for the long term. This study will provide the most comprehensive information to date on how a variety of environmental factors influence fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the disorder, but it's often the case that these kinds of problems are a given. Our birth defect lawyers recognize this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes are preventable. If your child was born with a medical issue which could have been prevented or prevented, you could be entitled to claim damages in a birth defect lawsuit.

A New York birth defect lawyer can help you determine whether your child's condition was caused by a medication, chemical exposure or any other environmental cause which is eligible for compensation. Based on the degree of your child's illness the legal team will be able to estimate the total cost of medical bills suitable for compensation.

While the vast majority of birth defects are not caused by medical negligence, there are occasions where a doctor or healthcare worker is negligent before or during labor and delivery. A doctor could prescribe a medication that harms a baby even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chances that she would give birth to a child who has birth defects. We also have brought birth defect lawsuits against companies that expose workers to hazardous substances on the job like a paint factory or semiconductor manufacturing companies.