Ten Situations In Which You ll Want To Know About Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that's not feasible. If this happens, it's important that parents who are shocked seek out the help of experienced birth defect lawyers.

Birth defects and oldwiki.bedlamtheatre.co.uk injuries can result from medical malpractice and drugs that are harmful, and environmental exposure. A New York birth defect law firm can provide answers.

Medical Malpractice

If a physician fails to adhere to the accepted standard of practice in his or her area, it is deemed medical malpractice. It could be a failure to perform routine prenatal tests or prescribing medications that increase the chance of having a birth defect or committing a lapse during the birth and delivery.

Birth defects and birth injuries are usually caused by environmental and genetic causes, however, they could also be a result of a doctor's negligence. For instance in the event that a physician is unable to identify an inborn disability and fails to notify the parents of this disability, the parents may file a wrongful birth claim seeking compensation for the lifetime expenses incurred by the disabled child.

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

Prenatal visits are necessary 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 attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects vary in severity and affect way a child looks, behaves and performs in life. Some are minor while others can cause serious issues and even lead to death.

Birth defects can result from genetic disorders or a variety of chemcial and environmental factors. For instance exposure to toxic chemicals could cause serious problems for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or medications.

It is well-established in the scientific literature that certain toxins and chemicals can cross the placenta to affect the unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals may cause birth defects, such as cleft lips and palates as well as spina Bifida and muscular dystrophy.

While working, many mothers are exposed to a variety of harmful chemicals. They can be ingested, inhaled or absorbed through the body's skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the manufacturing of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription and over-the-counter drugs. Many pharmaceuticals have not been properly tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of various chemicals and toxins in the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still unable to pinpoint exactly what causes a specific birth defect. It could be that an interaction with multiple factors could trigger the condition, but the difficulty is evaluating these 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 enrol 100,000 women from representative populations and follow them and their children over the long-term. This study will provide most comprehensive data on how environmental factors affect the health of children and fetuses.

Many parents suffering from a birth defect in their child feel guilty that they may have contributed to the condition, but it is the norm that these types of defects are a given. Our birth defect attorneys understand this and are committed to helping families with children with birth defects.

Product Liability

Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes can be avoided. If your child was born with a medical condition 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 will be able to help you determine if your child's illness is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical bills for your child's condition depending on the severity.

While the majority of these cases are not the result of medical negligence there are instances where a doctor has been negligent during or before labor and delivery. A doctor could prescribe a medication that can harm a baby before birth, or even make an error during surgery.

Our birth defect attorneys have successfully litigated allegations that a mother's health care provider was exposed to toxic chemicals or prescription drugs which increased the risk that she could give birth to a baby with birth defects. We also brought birth defect lawsuits against companies that expose their workers to hazardous substances in the workplace in a paint factory or semiconductor manufacturing company.