The Most Pervasive Problems With Birth Defect Litigation

Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes that's impossible. When this happens, it's vital that parents who are shocked seek out the help of experienced birth defects lawyers.

Birth injuries and birth defects could result from medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their field. This could include failing to conduct routine prenatal tests or prescribing medication that increases the likelihood of birth defect or making a mistake during the labor and delivery.

Birth birth defects and birth injuries are often due to genetic and environmental causes, however sometimes they occur due to an error or negligence of a physician. For example, if a physician is unable to identify a congenital disability in utero and fails to notify parents of this impairment, parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses associated with the handicapped child.

In order to prevail in a medical malpractice lawsuit in birth defects the plaintiff must demonstrate that the doctor was in breach of a duty of care to the patient, and that he did not fulfill the duty, that his actions or lack of action directly resulted in injuries and damages and that he or she was a victim of economic and non-economic damages from the injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical negligence caused your child's birth defects Contact a medical negligence and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect in the United States. These birth defects are of various degrees and affect the way that the child behaves, looks and functions. Some are minor and others can cause serious problems that may be fatal.

Birth birth defects can be caused by genetic defects or a range of environmental and chemcial factors. For example exposure to toxic chemicals can cause serious health issues for a newborn. Our company is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful medications or substances.

In scientific literature, it is established that certain chemicals and toxins can traverse the placenta to affect the unborn child. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects like the cleft palate and lips as well as spina bifida, and muscular dystrophy.

While they are working, many mothers are exposed to a variety of harmful chemicals. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE), which are used in the fabrication of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been properly tested on pregnant woman and have caused 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 chemicals and toxins at the home, at work and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, if companies fail to safeguard pregnant employees, they are negligent and could be held accountable.

Researchers are still unable to pinpoint the root of the birth defect. It could be that an interaction between multiple factors may cause the condition, but the difficulty is assessing the effects of these 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 a representative populations and will follow them over time and also their children. This study will provide comprehensive information about how environmental factors affect the health of children and fetuses.

Many parents suffering from a child's birth defect feel guilty that they somehow contributed to the disorder, but it is the norm that these types of defects are a given. Our birth defect lawyers recognize this and are dedicated to families who seek justice for children suffering 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, many of these causes can be cured. If your child was born with a medical issue which could have been prevented in the first place, you may be able to recover damages through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine if your child's illness is caused by a medication, chemical exposure or another environmental trigger that could be eligible for compensation. Based on the degree of your child's illness your legal team will also be able calculate the total cost of medical bills qualified for compensation.

Although the vast majority of birth injuries are not due to medical negligence there are instances where doctors have been negligent during or prior to labor and delivery. A doctor could incorrectly prescribe a medicine that hurts an infant before it is born, or they may make an error lawsuit during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chance of her having a child with birth defects. We have also brought birth defect lawsuits against companies that expose their workers to dangerous substances in the workplace, such as a paint factory or semiconductor manufacturing companies.