5 Laws Everyone Working In Birth Defect Litigation Should Know

Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not possible. When this happens, it's crucial that parents who are shocked seek out the help of experienced birth defects lawyers.

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

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in their area, it is deemed medical malpractice. This could include failing to conduct routine prenatal tests or prescribing medication that increases the likelihood of birth defect or committing a lapse during labor and birth.

Birth defects and birth injury are usually caused by genetic and environmental factors, but they can also be a result of the negligence of a physician. If a doctor fails to detect congenital disabilities in utero and fails to inform the parents that their child is disabled, parents may be legally able to file a case for compensation due to a birth defect for all the costs that are associated with their disabled child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff has to prove that the doctor owed a breach of duty to the patient, and that he violated the duty, that his actions or inaction action directly resulted in damage and injuries, and that the plaintiff suffered economic and noneconomic damage as a result of the injuries. These damages could include medical bills and lost wages, as well as emotional distress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused the birth defect of your child you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect in the United States. These defects are of various degrees and affect the way that children behave, look and functions. Some are minor, while others can cause serious problems and even lead to death.

The reasons for a child's birth defects could be due to genetic anomalies or a wide variety of chemical and environmental factors. For instance, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or medications.

In scientific research, it is known that certain chemicals and toxins may traverse the placenta and affect the unborn child. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals can cause birth defects like the cleft lip and palate as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to various toxic chemicals while at work. They can be inhaled or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the production of semiconductors. Parents may also be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. This is due to the fact that many drugs are not adequately tested on pregnant women and have been demonstrated to cause birth defect lawyer defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's far from the only one. The presence of various toxins and chemical compounds in the workplace, at home and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is almost always inevitable. But, Birth defect Attorney when businesses do not take precautions to protect pregnant employees, they're negligent and may be held responsible.

Researchers are unable to pin down exactly what causes the birth defect in a specific way. It is possible that a combination between a variety of factors could cause the problem, but the issue is assessing the interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative population and follow them throughout their lives, as well as their children. This study will provide most comprehensive information about how environmental factors impact the health of children and fetuses.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the disorder, but it's often the case that these kinds of problems are not a choice. Our birth defect attorneys understand this and are dedicated in helping families whose children are born who have birth defects.

Product Liability

Birth defects can be caused by many causes, ranging from drugs or alcohol use during pregnancy to genetic. However, many of these causes can be prevented. If your child was diagnosed with a medical issue that could have been avoided it is possible to seek compensation through a lawsuit for birth defects.

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

While the vast majority of birth defects aren't caused by medical negligence, there are occasions when a healthcare worker was negligent before or during labor and birth. A doctor might prescribe a medication that could harm a baby, even before birth, or make an error during surgery.

Our birth defect lawyers have successfully pursued claims where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chance that she would give birth to a baby with birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers toxic chemicals while when they work.