Why You Should Focus On Making Improvements In Birth Defect Litigation

Birth Defect Lawsuits

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

Medical negligence, dangerous medications, 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

When a doctor fails to adhere to the accepted standard of practice in their region, it's deemed medical malpractice. This may include not performing prenatal tests, prescribing medications that increase the risk of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental factors, but they can also be a result of the negligence of a physician. If a doctor fails detect congenital problems in utero, and then fails not to inform parents of the problem, the parents may be eligible to file a claim for wrongful birth seeking compensation for all costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the doctor did not fulfill this duty, that the doctor's actions or inability to act caused injuries and damages, and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages could include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects can be prevented by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you believe that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with a form of birth defect in the United States. These birth defects can vary in severity and affect the way that a child appears, acts and functions in life. Some are minor, while others can cause serious problems that may be fatal.

The causes of birth defects could be due to genetic disorders or a variety of chemical and environmental factors. For example, exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to holding employers accountable for exposure of pregnant women and their newborn babies to harmful substances or drugs.

In scientific research, it is known that certain chemicals and toxins can traverse the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects, such as the cleft lip and palate as well as spina bifida, and muscular dystrophy.

While they are working, mothers are exposed to a range of toxic chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) that are used in the fabrication of semiconductors. These chemicals can also be consumed by parents while they are taking certain over-the counter and prescription drugs. Many medications have not been properly tested on pregnant woman and may cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of a variety of toxins and chemical compounds in the workplace, at home and in food items can increase the risk of birth defects. Pesticides and birth defect law firm fungicides are among the most commonly used. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is almost always inevitable. However, when employers fail to protect pregnant employees, they are negligent and could be held responsible.

Researchers are still unable determine exactly what causes a specific birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the difficulty is assessing these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from a representative population and monitor them over time as well as their children. This study will provide most complete information on how environmental factors affect the health of children and fetuses.

Many parents who are suffering from a child's birth defect feel guilty for having contributed to the condition, however it is the norm that these kinds of problems are inevitable. Our birth defect lawyers know this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to claim damages in a lawsuit for birth defects.

A New York birth defect attorney will be able to help you determine if the condition of your child is caused by an illness, chemical or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness your legal team will also be able to calculate the full cost of the associated medical bills that are qualified for compensation.

Although the majority of birth defects aren't caused due to medical negligence, there are cases where a healthcare worker is negligent before or during labor and birth. A doctor could prescribe a medicine incorrectly, which harms a baby even before the birth, or make an error in surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chance of her child developing birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to dangerous chemicals at work.