25 Surprising Facts About Birth Defect Litigation

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Parents want their children to be perfect, but sometimes that's impossible. If this happens, it's vital that parents who are stunned seek the help of experienced birth defects lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. 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 their field, it's considered medical malpractice. This could be due to failing to perform prenatal testing or prescribing drugs which increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injury are usually caused by environmental and genetic factors however, they could also be a result of the negligence of a physician. For example the case where a doctor fails to detect the presence of a congenital defect in utero and fails to inform the parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

To win a medical negligence case in birth defect cases the plaintiff must show that the doctor owed a breach of duty to the patient, that he failed to fulfill this duty, that his actions or inaction action directly resulted in injuries and damages and that he suffered economic and noneconomic damage from the injuries. These damages could include costs of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth injuries and defects can be prevented by timely testing and monitoring during pregnancy, so it's important for pregnant women to adhere to their doctor's advice regarding prenatal appointments. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects may be of different severity and affect the way that a child acts, looks and performs. Some are minor while others can lead to serious issues that could be fatal.

The reasons for a child's birth defects can be attributed to genetic defects or a range of chemical and environmental factors. Exposure to harmful chemicals, for example, can cause serious complications in the infant. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.

It is well-established in the scientific research that certain toxins and chemicals can pass through the placenta and affect the unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals may cause birth defects, such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.

Many mothers are exposed a wide variety of harmful chemicals when they are working. These chemicals can be consumed or birth defect law firm inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. This is due to the fact that many drugs aren't 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 is also a major factor. Many different toxins and chemicals found in the home workplace, food and work environment can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. But, when businesses fail to safeguard pregnant employees, they are negligent and can be held responsible.

Researchers have yet to pinpoint the precise cause of a birth defect. It is possible that an interaction between multiple factors may cause the condition, but the difficulty is evaluating these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative population and monitor their progress over time and their children. This study will provide most comprehensive data on how environmental factors impact the health of infants and children.

Many parents who suffer from a birth defect in their child are resentful and believe that they caused it. However, these issues are usually unavoidable. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, a lot of these causes are preventable. If your child was born with a medical condition that could have been avoided or prevented, you could be entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney can assist you to determine if your child's condition is caused by an illness, birth Defect law firm chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills associated with your child's condition in relation to the severity.

Although the vast majority of birth injuries are not caused due to medical negligence there are instances where a doctor has been negligent prior to or during labor and birth. A doctor may prescribe a medication which harms a baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted claims in which a mother’s health care provider was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she will give birth to a child with birth defects. We have also filed birth defect lawsuits against companies that expose employees to dangerous substances in the workplace for example, a paint factory or semiconductor manufacturing company.