Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not possible. If that happens it is imperative that parents in shock seek the help of experienced birth defect lawyers.

Birth injuries and birth defects can result from medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a physician fails to adhere to the accepted standard of practice in his or her region, it's deemed medical malpractice. This could mean failing to perform routine prenatal testing and prescribing a medication that increases the chance of having a birth defect or making a mistake during the labor and delivery.

Birth birth defects and birth injuries can be caused by genetic or environmental factors, but sometimes they are caused by an error or negligence of a physician. For instance, if a physician fails to recognize an inborn disability and then fails to notify parents of the condition, parents may file a wrongful birth claim seeking compensation for the lifetime costs associated with the disabled child.

To prevail in a medical malpractice claim in birth defects, the plaintiff must prove that the doctor owed a breach of duty to the patient, and that he violated this duty, that his actions or lack of action directly triggered injuries and damages and that the patient suffered economic and noneconomic damage as a result of the injuries. These damages could include the costs of medical bills lost wages as well as pain and birth defect law firm suffering and emotional distress.

Certain birth injuries and defects are preventable by prompt testing and monitoring during pregnancy. Therefore, it's crucial for pregnant women to adhere to their doctor's recommendations regarding prenatal visits. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect in the United States. These birth defects may be of different severity and impact the way children behave, look and performs. Some are minor, but others can lead to serious issues that could be fatal.

The causes of a child's birth defects could be due to genetic disorders or a variety of environmental and chemical factors. Exposure to harmful chemicals, for instance, can cause serious complications in babies. Our company is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta and affect an unborn baby. These toxins are called teratogenic. These teratogenic chemicals could cause birth defects such as the cleft palate, lips and spina bifida.

While they are working, mothers are exposed to a range of harmful chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) used in the production of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs are not adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of various chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides, lead, heavy metals, certain paints, and many other chemical substances. Exposure to these toxic substances is usually unavoidable. However, if companies fail to protect pregnant workers, they are negligent and can be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It is possible that a combination of factors can cause the condition. The trick is to assess the interactions in real-time. The National Children's Study is important because it is currently underway in several states. The NCS will enroll 100,000 women from a representative population and follow them over time and also their children. This study will provide complete information on the effects of environmental factors on fetal and childhood health.

Many parents who have a birth defect in their child feel guilt and believe that they contributed to it. But, these problems are not always preventable. Our birth defect lawyers are aware of this and are dedicated in helping families who have children with birth defects.

Product Liability

Birth defects can be caused by many causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, many of these causes can be avoided. If your child was born with a medical condition that could have been prevented and you are entitled to claim damages through an action for birth defects.

A New York birth defect lawyer can assist you determine whether your child's illness was caused by a medication, chemical exposure or other environmental trigger which is eligible for compensation. Depending on the severity of your child's health condition, your legal team will be able to estimate the full cost of the associated medical expenses that are suitable for compensation.

While the majority of cases are not caused due to medical negligence There have been instances in which a doctor was negligent during or before labor and birth. A physician may incorrectly prescribe a medication that injures a baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug makers when a mother's medical care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with birth defect. We have also brought birth defect lawsuits against semiconductor and paint factories which expose their employees to dangerous chemicals in the workplace.