How To Outsmart Your Boss Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not possible. When this happens, it's vital parents who are shocked seek the assistance of a seasoned birth defect lawyers.

Birth problems and injuries can be caused by medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defects law firm can help.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in his or her field, it's considered medical malpractice. This may include failing to perform prenatal screening or prescribing drugs which increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injury can be caused by environmental and genetic factors, however, they could also be the result of an error by a doctor. For example when a doctor fails to detect a congenital disability in utero and then fails to notify parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

To prevail in a medical negligence case in birth defects the plaintiff has to prove that the doctor was bound by a duty of duty to the patient, that he failed to fulfill the duty, that his actions or lack of action directly led to damages and injuries and that he suffered economic and non-economic losses from the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects vary in severity and impact the way that a child appears, behaves and performs in life. Some are minor while others can cause serious problems and even be fatal.

Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental factors. Exposure to toxic chemicals, for instance can trigger serious complications in the newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or medications.

In the scientific literature, it has been established that certain chemicals and toxins can be transmitted through the placenta, affecting the unborn child. These chemicals are referred to as 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, mothers are exposed to a range of harmful chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. Parents may also be exposed to these toxins when they are consuming certain prescription and over-the counter drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only reason. The presence of numerous chemicals and toxins at the home, at work and in food can increase the risk of birth defects. These include fungicides, pesticides, lead, heavy metals, certain paints, and many other chemical substances. Exposure to toxic substances is almost always inevitable. But, when businesses fail to protect pregnant workers they are negligent and could be held accountable.

Researchers are still unable determine exactly what causes the birth defect in a specific way. It is possible that a combination between a variety of factors could cause the condition, but the challenge is assessing 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 enroll 100,000 women from representative populations as well as follow them and their children for the long run. This study will provide complete information on how environmental factors affect the health of infants and children.

Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the disorder, but it's usually the case that these types of defects are unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families who have children with birth defects.

Product Liability

Many birth defects result from a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, birth defect lawsuit the majority of these causes can be prevented. If your child was born with a medical condition that could have been prevented and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine if your child's illness was caused by chemical exposure, a drug or other environmental trigger that could be eligible for compensation. Depending on the severity of your child's condition, your legal team will also be able calculate the total cost of medical bills eligible for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are cases in which a doctor or healthcare worker was negligent before or during labor birth defect lawsuit and delivery. A doctor may prescribe a medication which harms an infant before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her having a child with birth defects. We also brought birth defect lawsuits against companies that expose employees to dangerous chemicals at work in a paint factory or semiconductor manufacturing companies.