"Ask Me Anything": Ten Answers To Your Questions About Birth Defect Litigation

Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not possible. If this happens, it's important parents who are shocked seek the assistance of a seasoned birth defect lawyers.

Birth injuries and birth defects can result from medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of care in his or her area of expertise. This may include failing to perform prenatal screening or prescribing drugs that increase the chance of birth defects or making a mistake during labor and delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors, but they can also be a result of an error by a doctor. For example when a doctor does not recognize a congenital disorder in the uterus and fails to notify the parents of this impairment, parents can make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor owed the patient a duty of care, that the physician violated this duty, the doctor's actions or failure to act caused injuries and damages and that the victim suffered economic and non-economic damages due to the injuries. These damages could include medical bills and lost wages, as well as emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the required tests and monitoring. If you believe that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

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

The causes of birth defects can stem from genetic anomalies or a wide range of environmental and chemical factors. Exposure to toxic chemicals, for example causes serious complications in a newborn. Our firm is committed in bringing employers to account when they expose pregnant mothers or their unborn babies to harmful medications or substances.

In the scientific literature, it is established that certain chemicals and toxins may traverse the placenta and affect the unborn child. These chemicals are teratogenic. The exposure to these teratogenic chemicals can cause birth defects such as cleft lips and palates as well as spina bifida, and muscular dystrophy.

While they are working, mothers are exposed of harmful chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the manufacturing of semiconductors. These contaminants can also be ingested by parents when they take certain over-the counter and prescription drugs. Many pharmaceuticals have not been adequately tested on pregnant women and birth defect law firm have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, environmental exposure is also a major cause. Many different chemicals and toxins found in our homes workplace, food and work environment can increase the risk of having a birth defect. These include pesticides, fungicides lead, heavy metals, certain paints and other chemical substances. Exposure to these toxins is almost always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to find the root of the birth defect. It could be that an interaction between several factors can cause the condition, but the problem is evaluating the 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 follow them over time, as well as their children. This study will provide the most comprehensive data available on how a variety of environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt because they believe they caused it. However, these defects are often unavoidable. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was diagnosed with a medical condition that could have been prevented it is possible to recover damages in a lawsuit involving birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's illness is caused by chemical exposure, a medication or other environmental trigger that is a reason to seek compensation. The legal team of your lawyer can estimate the total cost of medical bills for your child's condition according to the severity.

While the vast majority of birth defects are not caused by medical negligence, there are some instances where a healthcare professional has been negligent prior to or during labor and delivery. A doctor might prescribe a medication incorrectly that could harm a baby, even before birth, or make an error in surgery.

Our birth defect lawyers have successfully defended claims where a mother's health medical professional was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she could give birth to a child who has birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to toxic chemicals while in the workplace.