How To Outsmart Your Boss On Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. If this happens, it's essential that parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Birth injuries and birth defects can result from medical malpractice, drugs that are dangerous and exposure to environmental factors. A New York birth defects law firm can assist.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in their area, it is deemed medical malpractice. This could include failing to conduct prenatal testing, prescribing medications which increase the chance of birth defects or making a mistake during labor or delivery.

Birth defects and birth injury are often caused by environmental and genetic factors, however, they could also be a result of the negligence of a doctor. For instance, if a physician fails to detect an inborn disability and Birth Defect Lawsuits fails to inform parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the lifelong expenses associated with the disabled child.

In order to prevail in a medical malpractice case in birth defect cases the plaintiff must show that the doctor owed a duty of care to the patient, and that he violated this duty, that his actions or inaction action directly caused damages and injuries, and that the plaintiff was a victim of economic and non-economic damages because of the injuries. These damages could include medical bills, lost wages and emotional distress.

Some birth injuries and defects are preventable through timely testing and monitoring during pregnancy. Therefore, it's important for pregnant women to follow their doctors' recommendations about prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These defects are of various degrees and affect the way that a child acts, looks and functions. Some are minor, but others can lead to serious issues that could be fatal.

The reasons for a child's birth defects can be attributed to genetic anomalies or a wide variety of environmental and chemical factors. For instance exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and newborn babies to harmful substances or medications.

In the scientific research, it is known that certain chemicals and toxins may traverse the placenta to affect an unborn child. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects like cleft lips and palates as well as spina Bifida and muscular dystrophy.

While they are working, mothers are exposed of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed to these poisons when they consume certain prescription and over-the-counter drugs. Many medications have not been adequately tested on pregnant women and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, environmental exposure is also a major factor. The presence of many different toxins and chemical compounds in the home, at work and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant workers they are negligent and could be held accountable.

Researchers are still trying to determine the exact cause of a birth defect. It could be that a combination of factors can cause the condition. The challenge is to study the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from a representative population and track them over time and also their children. This study will provide the most comprehensive data to date about how different environmental factors impact fetal as well as child health.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the condition, but it is the norm that these types of defects are unavoidable. Our birth defect attorneys are aware of this and are committed to helping families whose children are born with birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol use during pregnancy to genetics. However, many of these issues can be prevented. If your child was diagnosed with a medical issue that could have been prevented or prevented, you might be able to recover damages in a lawsuit for birth defects.

A New York birth defect lawyer can help you determine if your child's condition was caused by a medication, chemical exposure or other environmental trigger which is eligible for compensation. Depending on the severity of your child's health condition your legal team will be able to estimate the total cost of medical bills admissible for compensation.

While the majority of cases are not due to medical negligence however, there have been instances where a doctor has been negligent during or before labor and birth. A doctor could prescribe a medication that could harm a baby, even before birth, or may make an error in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers when a mother's medical care provider has been exposed to prescription medication or toxic chemicals that increase the chance of her child developing a birth defect. We have also brought birth defect lawsuits against companies that expose workers to harmful substances on the job for example, a paint factory or semiconductor manufacturing companies.