Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's impossible. When this happens, it's essential that parents who are shocked seek the assistance of a seasoned birth defects lawyers.

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

Medical Malpractice

If a doctor does not adhere to the accepted standards of practice in their 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 and birth.

Birth defects and birth injuries are often caused by environmental and genetic factors however, they could also be the result of the negligence of a doctor. For instance, if a physician fails to recognize a congenital disability in utero and fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases demands that the doctor owed the patient a duty of care, that the physician breached this duty, that the doctor's actions or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages could include medical expenses and lost wages, as well as emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the necessary testing and monitoring. If you believe that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice 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 defects can be of varying severity and affect the way that children behave, look and performs. Some are minor while others can cause serious issues and may even cause death.

The reasons for birth defect law Firm a child's birth defects could be due to genetic defects or a range of chemical and environmental factors. For instance, exposure to toxic chemicals can cause serious health issues for newborns. Our firm is committed to holding employers accountable for exposed 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 pass through the placenta and harm an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina bifida.

While working, many mothers are exposed to a range of harmful chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. These chemicals can also be consumed by parents who take certain over-the counter and prescription drugs. A lot of pharmaceuticals haven't been thoroughly tested on pregnant woman and have caused birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. The presence of many different chemicals and toxins in the workplace, at home and in food can increase the risk of birth defects. This includes fungicides, pesticides, lead, heavy metals, certain paints, and other chemical substances. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still trying to determine the precise cause of a birth defect. It is possible that a mix of factors may cause the condition. The next step is to assess these interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative populations and follow them and their children over the long run. This study will provide the most comprehensive information about how environmental factors impact fetal and childhood health.

Many parents who suffer from a birth defect in their child feel guilty and believe that they caused it. However, these birth defects are usually unavoidable. Our birth defect lawyers are aware of this and are committed 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 consumption during pregnancy to genes. Fortunately, many of these causes can be cured. If your child was diagnosed with a medical issue that could have been avoided, you may be able to claim damages in an action for birth defects.

A New York birth defect attorney will be able to help you determine if your child's problem is due to a medication, chemical or environmental exposure that is eligible for compensation. Your legal team can calculate the total cost of medical bills that are related to your child's illness in relation to the severity.

While the majority of cases are not caused due to medical negligence there are instances where a doctor was negligent during or prior to labor and birth. A doctor might incorrectly prescribe a medication which harms an infant before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully pursued claims against drug manufacturers where a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her child developing a birth defect. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers dangerous chemicals when they work.