20 Myths About Birth Defect Litigation: Busted

Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's not possible. If this happens, it's vital 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 assist.

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in their field, it's considered medical malpractice. This could mean failing to perform prenatal screening and prescribing medicines that increase the likelihood of birth defects or committing an error during labor and delivery.

Birth birth defects and birth injuries are usually the result of genetic and environmental factors, but sometimes they occur due to medical negligence or malpractice. For example, if a physician does not recognize an inborn disability and then fails to notify the parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the lifetime expenses incurred by the disabled child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, that he breached the duty, and that his actions or inaction action directly caused damages and injuries and that he or she was a victim of economic and non-economic damages as a result of the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.

Certain birth injuries and defects are preventable with timely testing and monitoring during pregnancy, which is why it's vital for pregnant women adhere to their doctor's advice about prenatal visits. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect the how a child appears, acts and functions in life. Some are minor while others can cause serious problems and may even cause death.

The reasons for a child's birth defects can be attributed to genetic abnormalities or a variety of environmental and chemical factors. Exposure to toxic chemicals, for example causes serious complications in babies. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta and harm an unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals can cause birth defects like the cleft lip and palate, Birth Defects spina bifida and muscular dystrophy.

While working, mothers are exposed a variety of harmful chemicals. These chemicals can be consumed or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) used in the production of semiconductors. These contaminants can also be ingested by parents when they take certain prescription and over-thecounter medicines. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also play a role. A variety of toxins and chemicals that are present in the home or workplace can increase the likelihood of having a birth defect. This includes fungicides, pesticides lead, heavy metals, some paints and various chemical substances. Exposure to these toxic substances is almost always inevitable. But, when businesses do not take precautions to protect pregnant employees, they're negligent and could be held accountable.

Researchers are unable to determine exactly what causes the birth defect in a specific way. It is possible that an interaction between several factors can cause the problem, but the issue is assessing these 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 monitor them throughout their lives and their children. This study will provide the most complete data to date on how different environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt because they believe they caused it. However, these birth defects are often unavoidable. Our birth defect lawyers recognize this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue which could have been prevented in the first place, you may be able to compensation through an action for birth defects.

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

Although the majority of birth defects aren't caused by medical negligence, there are some instances where a healthcare worker was negligent prior to or during labor and delivery. A doctor might prescribe a medication that causes harm to a baby even before the birth, or make an error during surgery.

Our birth defect lawyers have successfully defended claims against drug manufacturers when a mother's medical care provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her child being born with birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to dangerous chemicals at work.