The Ugly Truth About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's not possible. When that happens it is vital that stunned parents seek the help of experienced birth defect lawyers.

Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. 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 area, it is considered medical malpractice. This could be due to failing to conduct prenatal testing or prescribing medications that increase the chance of birth defects, or making an error during labor and birth.

Birth defects and Birth defect lawsuit birth injuries are often caused by environmental and genetic factors but they can also be caused by the negligence of a physician. For example when a doctor fails to recognize an inborn disability and fails to notify parents of this disability, the parents may make a claim for wrongful birth defect lawsuit seeking compensation for the lifetime expenses associated with the disabled child.

In order to prevail in a medical malpractice claim in birth defects the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, that he breached the duty, that his actions or inaction action directly resulted in damage and injuries, and that the patient was a victim of economic and birth Defect lawsuit non-economic damages due to the injuries. These damages may include costs of medical bills lost wages as well as pain and suffering and emotional distress.

Some birth injuries and defects can be prevented by prompt testing and monitoring during pregnancy. Therefore, 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, consult an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These birth defects can vary in severity and impact the how a child appears, acts and functions in life. Some are minor and others can lead to serious problems that may be fatal.

The causes of birth defects can stem from genetic disorders or a variety of environmental and chemical factors. For example, exposure to toxic chemicals could cause serious problems for a newborn. 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 scientific research that certain toxins and chemicals can cross the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. Teratogenic chemicals can cause birth defects like lip clefts, palates, and spina Bifida.

Many mothers are exposed many toxic chemicals while at work. They can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) that are used in the production of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors can also be a significant factor. Many different chemicals and toxins found in our homes or workplace can increase the risk of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. But, when businesses fail to protect pregnant workers, they are negligent and can be held responsible.

Researchers have yet to pinpoint the root of the birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the problem is evaluating the effects of 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 enroll 100,000 women from representative populations and will follow their progress over time and also their children. This study will provide the most comprehensive information to date on how various environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child feel guilty believing that they were responsible for the defect. But, these problems are not always preventable. 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 that range from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these issues can be prevented. If your child was born with a medical condition that could have been prevented and you are entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney can help you determine if your child's condition is due to an illness, chemical or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills related to your child's condition based on the severity.

Although the majority of birth defects aren't caused due to medical negligence, there are cases in which a doctor or healthcare worker is negligent before or during labor and delivery. A doctor may prescribe a medication that injures the baby before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully litigated allegations that a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the chances that she would give birth to a child who has birth defects. We have also filed birth defect lawsuits against companies that expose workers to dangerous substances in the workplace in a paint factory or semiconductor manufacturing companies.