How The 10 Worst Birth Defect Litigation Fails Of All Time Could Have Been Prevented

Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. If this happens it is crucial that parents who are in shock seek the assistance of experienced birth defect lawyers.

Birth problems and injuries can be caused by medical malpractice and drugs that are harmful and exposure to environmental factors. 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 care in his or her field. This could mean failing to conduct routine prenatal testing or prescribing medications that increase the chance of having a birth defect or making a mistake during the labor and delivery.

Birth birth defects and birth injuries can be caused by genetic or environmental causes, however sometimes they arise due to a doctor's negligence or malpractice. For example when a doctor fails to recognize an inborn disability and then fails to notify parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifetime expenses incurred by the disabled child.

In order to win a medical malpractice claim in birth defects the plaintiff has to prove that the doctor owed a duty of care to the patient, and that he violated that duty, that his actions or lack of action directly resulted in damages and injuries, and that he suffered economic and noneconomic damages due to the injuries. These damages could include medical expenses and lost wages, as well as emotional stress.

Some birth injuries and defects can be prevented by timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' advice regarding their prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects vary in severity and impact how a child appears and behaves throughout life. Some are minor, while others can cause serious issues and even lead to death.

The causes of a child's birth defects can be attributed to genetic anomalies or a wide variety of environmental and birth defect law firm chemical factors. Exposure to harmful chemicals, for example causes serious complications in a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or medications.

In scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta and affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects such as the cleft palate, lips and spina bifida.

While working, mothers are exposed to a range of toxic chemicals. These chemicals can be breathed in or inhaled through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These toxins can also be ingested by parents when they consume certain over-the counter and prescription drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only one. Many different chemicals and toxins found in the home, workplace and food can increase the risk of a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints and various chemical compounds. Exposure to these toxic substances is often inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to find the specific cause of a birth defect. It is possible that an interaction between multiple factors may cause the condition, but the problem is assessing the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative population and monitor them throughout their lives, as well as their children. This study will provide most complete information on how environmental factors affect the health of children and fetuses.

Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the disorder, but it is the norm that these kinds of problems are a given. Our birth defect lawyers are aware of this and are dedicated in helping families with children who have birth defects.

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical issue that could have been prevented or prevented, you might be able to get compensation in a lawsuit involving birth defects.

A New York birth defect attorney will be able help you determine if the condition of your child is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills related to your child's condition depending on the severity.

Although the majority of birth defects aren't caused by medical negligence, there are cases where a doctor or healthcare worker is negligent prior to or during labor and birth. A doctor might incorrectly prescribe a medication that injures the baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug makers where a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her having a child born with birth defects. We have also filed birth defect lawsuits against companies that expose their workers to harmful substances while working like a paint factory or semiconductor manufacturing companies.