20 Myths About Birth Defect Litigation: Dispelled

Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not feasible. When this happens, it's vital parents who are shocked seek out the help of experienced birth defect lawyer defects lawyers.

Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in his or her field, it's considered medical malpractice. This could mean not performing prenatal tests and prescribing medicines which increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries can be caused by genetic or environmental factors, but sometimes they are caused by medical negligence or malpractice. If a physician fails to detect congenital defects in utero and fails to inform parents of the problem of the condition, parents might be eligible to file a claim for compensation due to a birth defect for all the expenses associated with their disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician was obligated to the patient to perform a duty of care, that the physician violated that duty, the doctor's actions or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic damage due to the injuries. These damages could include costs of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth injuries and defects are preventable by prompt testing and monitoring during pregnancy. It's essential for pregnant women to adhere to their doctor's recommendations regarding prenatal appointments. If you believe that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects can be of varying severity and impact the way the child behaves, looks and functions. Some are minor, while others can cause serious issues that could be fatal.

The causes of a child's birth defects may be due to genetic anomalies or a wide range of environmental and birth Defect law firm chemical factors. For example, exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or medications.

In scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals can cause birth defects like the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals while they are working. These chemicals can be consumed or inhaled through the body's skin. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. These toxic substances can also be consumed by parents when they consume certain over-the counter and prescription 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 among the most common causes of birth defects, exposure to environmental factors can also be a significant factor. Many different toxins and chemicals that are found in the home workplace, food and work environment can increase the risk of a birth defect. This includes fungicides and pesticides lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is almost always inevitable. However, when employers fail to safeguard pregnant employees they're negligent and may be held responsible.

Researchers are still unable determine exactly what causes the specific birth defect. It is possible that a mix of factors can cause the condition. The problem is to assess these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a variety of populations as well as follow them and their children over the long term. This study will provide comprehensive information about how environmental factors affect fetal and childhood health.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the problem, but it is often the case that these kinds of problems are inevitable. Our birth defect lawyers understand this and are committed to helping families with children with birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was born with a medical condition that could have been avoided or prevented, you could be entitled to claim damages in a birth defect lawsuit.

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

Although the majority of birth defects aren't caused due to medical negligence, there are some instances where a doctor or healthcare worker has been negligent before or during labor and birth. A doctor may prescribe a medication incorrectly that can harm a baby before birth, or even make an error during surgery.

Our birth defect attorneys have successfully defended allegations that a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chance that she would give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers toxic chemicals while when they work.