25 Surprising Facts About Birth Defect Litigation

Birth Defect Lawsuits

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

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

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in his or her region, it's deemed medical malpractice. It could be a failure to perform routine prenatal tests, prescribing medication that increases the risk of a birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic factors, however, they can also be the result of a doctor's negligence. If a doctor fails detect congenital problems in utero, and then fails not to inform parents of the problem that their child is disabled, parents may be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all the costs that are associated with their disabled child.

To win a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor owed a duty of care to the patient, and that he did not fulfill this duty, that his actions or inaction action directly resulted in damage and injuries, and that he or she suffered economic and noneconomic damages as a result of the injuries. These damages could include medical bills and lost wages, as well as emotional stress.

Prenatal visits are essential to ensure that pregnant women receive the proper tests and monitoring. If you suspect that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects can be of varying severity and affect the way that the child behaves, 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 could be due to genetic disorders or a range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious problems for a newborn. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

It is well-established in scientific literature that certain toxins and chemicals can enter the placenta, affecting an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals can cause birth defects such as lips, palates, and clefts as well as spina bifida.

Many mothers are exposed to various toxic chemicals while they are working. They can be ingested or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. Parents can also be exposed toxic substances when they consume certain prescription and over-the counter drugs. A lot of pharmaceuticals haven't been tested properly on pregnant woman and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, exposure to environmental factors is also a major factor. The presence of numerous toxins and chemical compounds in the home, at work and in food can increase the risk of birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly 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 unable to identify the exact cause of a specific birth defect. It is possible that a combination between multiple factors may cause the condition, but the challenge is assessing these interactions in real time. The National Children's Study is important because it is now underway in a variety of states. The NCS will enroll 100,000 women from representative population and track their progress over time as well as their children. This study will provide the most complete data available on how a variety of environmental factors impact fetal as well as child health.

Many parents suffering from a birth defect in their child are resentful that they have contributed to the problem, but it's usually the case that these types of defects are not a choice. Our birth defect lawyers know this and are dedicated to helping families seek justice for children suffering from birth defects.

Product Liability

Birth problems can be caused by a variety of causes, ranging from drugs or birth defect law firm alcohol use during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was born with a medical issue that could have been avoided, you may be entitled to claim damages through an action for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's illness was caused by chemical exposure, a drug or another environmental trigger that is a reason to seek compensation. Depending on the severity of your child's health condition, your legal team will also be able calculate the full cost of the associated medical expenses that are suitable for compensation.

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

Our birth defect attorneys have successfully pursued cases where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she will give birth to a child who has birth defects. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers harmful chemicals during their work.