20 Myths About Birth Defect Litigation: Dispelled

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not feasible. When this happens, it's essential that parents who are shocked seek out the help of experienced birth defects lawyers.

Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

When a doctor fails adhere to the accepted standard of practice in their field, it's considered medical malpractice. This could include failing to conduct routine prenatal testing and prescribing a medication that increases the risk of a birth defect or making a mistake during the labor and delivery.

Birth defects and birth injuries are typically caused by genetic or environmental causes, but sometimes they occur due to an error or negligence of a physician. If a doctor fails detect congenital disabilities in utero, and then fails not to inform parents, the parents may be legally able to file a case for wrongful birth seeking compensation for all expenses associated with their disabled child.

In order to prevail in a medical malpractice claim in birth defects, the plaintiff must prove that the doctor was bound by a duty of duty to the patient, and that he violated the duty, and that his actions or lack of action directly led to damages and injuries, and that the patient suffered economic and non-economic losses due to the injuries. These damages could include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided through timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to adhere to their doctor's recommendations regarding prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some form of birth defect in the United States. These birth defects can vary in severity and affect the way a child looks, behaves and performs in life. Some are minor while others can cause serious problems that may be fatal.

Birth problems can be caused by genetic anomalies or a range of chemcial and birth defect lawsuit environmental factors. For example exposure to toxic chemicals could cause serious problems for newborns. 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 enter the placenta to affect an unborn baby. These toxins are called teratogenic. Exposure to these chemicals can cause birth defect attorneys defects such as the cleft palate and lips as well as spina Bifida and muscular dystrophy.

While working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) used in the manufacture of semiconductors. These toxins can also be ingested by parents 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

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only cause. The presence of many different chemicals and toxins at the home, at work and in food can increase the risk of birth defects. This includes fungicides, pesticides and lead, as well as heavy metals, some paints and various chemical compounds. Exposure to toxic substances is almost always inevitable. However, when companies fail to protect pregnant employees they are negligent and could be held accountable.

Researchers are still unable to pinpoint the precise cause of a birth defect. It is possible that a combination of factors may cause the condition. The challenge is to assess these interactions in real time. The National Children's Study is important because it is now underway in several states. The NCS will enroll 100,000 women from representative population and track them throughout their lives and their children. This study will provide the most comprehensive data available on how a variety of environmental factors impact fetal as well as child health.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it is often the case that these types of defects are not a choice. Our birth defect lawyers understand this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

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

A New York birth defect attorney will be able help you determine if your child's condition is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team can calculate the total cost of medical bills that are related to your child's illness based on the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are cases in which a doctor or healthcare worker was negligent prior to or during labor and birth. A doctor may prescribe a medication in a way that could harm a baby, even before birth, or even make an error in surgery.

Our birth defect lawyers have successfully defended lawsuits against drug makers in cases where a mother's health care provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her child developing birth defect. We have also filed birth defect lawsuits against companies who expose workers to dangerous chemicals in the workplace, such as a paint factory or semiconductor manufacturing companies.