Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not feasible. When that becomes a reality, it is essential that parents in shock seek the help of experienced birth defect lawyers.

Birth injuries and birth defects can be caused by medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their area, it is deemed medical malpractice. It could be a failure to perform routine prenatal testing and prescribing a medication that increases the likelihood of a birth defect, or making a mistake during labor and birth.

Birth birth defects and birth injuries are typically the result of genetic and environmental causes, however sometimes they arise due to a doctor's negligence or malpractice. For instance, if a physician is unable to identify a congenital disorder in the uterus and fails to inform the parents of this condition, parents may file a wrongful birth claim seeking compensation for the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the doctor did not fulfill this duty, that the doctor's actions, or failure to act caused injuries and damages and that the victim was harmed economically and non-economically due to the injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects are preventable with timely testing and 133.6.219.42 monitoring during pregnancy. It's crucial for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you suspect that your child's birth defect is the result of medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These birth defects can vary in severity and impact way a child looks and behaves throughout life. Some are minor, but others can cause serious problems and even lead to death.

Birth problems can be caused by genetic disorders or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for example can trigger serious complications in the infant. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful substances or medications.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta to affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals may cause birth defects, such as lips, palates, and clefts as well as spina Bifida.

While working, many mothers are exposed to a variety of harmful chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription or over-the-counter medications. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of various toxins and chemical compounds in the home, at work and in food items can increase the risk of birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is nearly always inevitable. However, if companies do not take precautions to protect pregnant employees they are negligent and can be held accountable.

Researchers have yet to pinpoint the precise cause of a birth defect. It is possible that a combination between a variety of factors could cause the condition, but the challenge is evaluating the interactions in real-time. The National Children's Study is important since it is currently in process in a variety of states. The NCS will enrol 100,000 women from representative populations and monitor them and their children for the long-term. This study will provide the most complete data available on how various environmental factors influence fetal and child health.

Many parents who have a birth defect in their child are resentful because they believe they are responsible for it. However, these issues are usually unavoidable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol consumption 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 avoided or prevented, you could be entitled to claim damages in an action for birth defects.

A New York birth defect lawyer can assist you determine whether your child's condition is the result of chemical exposure, a drug or other environmental trigger that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness depending on the severity.

While the vast majority of birth defects aren't caused by medical negligence, there are instances when a healthcare worker has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medication which harms the baby before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers in cases where 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 with birth defects. We also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals at work like a paint factory or semiconductor manufacturing companies.