15 Trends That Are Coming Up About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children perfect but sometimes it's not always possible. If this happens, it's important parents who are shocked seek the assistance of experienced birth defects lawyers.

Birth injuries and birth defects could be caused by medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of medical care in their field. This could mean failing to perform prenatal testing or prescribing drugs that increase the chance of birth defects, or making an error during labor and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic factors, however, they can also be caused by the negligence of a doctor. If a doctor fails detect congenital defects in utero and fails to inform parents of the problem that their child is disabled, parents may be able to file a claim for wrongful birth seeking compensation for all the costs that are associated with their disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the physician did not fulfill this duty, that the doctor's actions or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages could include medical expenses or lost wages, as well emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These defects vary in severity and affect way that a child appears, behaves and performs in life. Some are minor, while others can cause serious issues that could be fatal.

The causes of a child's birth defects could be due to genetic disorders or a range of chemical and environmental factors. Exposure to toxic chemicals, for example, can cause serious complications in a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in scientific studies that certain toxicants and chemicals can pass through the placenta and harm an unborn baby. These toxins are teratogenic. Teratogenic chemicals can cause birth defects such as cleft lips, palates and spina Bifida.

Many mothers are exposed many toxic chemicals when they are working. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. These toxic substances can also be consumed by parents while they are taking certain prescription and over-the-counter drugs. Many medications have not been properly tested on pregnant woman and may cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes 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 developing birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are unable to pinpoint exactly what causes the birth defect in a specific way. It is possible that a combination between multiple factors may cause the condition, birth defect lawsuits but the problem is evaluating the interactions in real-time. The National Children's Study is important since it is currently in process in a number of states. The NCS will enroll 100,000 women from representative population and follow their progress over time and their children. This study will provide the most comprehensive 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 believing that they are responsible for it. However, these issues are not always preventable. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Birth problems can be caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided it is possible to seek compensation through an action for birth defects.

A New York birth defect attorney can help you determine if your child's problem is caused by a medication, chemical or environmental exposure that is eligible for compensation. Based on the severity of your child's condition your legal counsel will also be able calculate the full cost of the associated medical bills that are qualified for compensation.

While the majority of cases are not caused due to medical negligence, there have been cases in which a doctor was negligent during or prior birth defect lawsuits to labor and delivery. A physician may incorrectly prescribe a medication that injures the baby before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug makers when a mother's medical care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her child developing birth defect. We have also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals on the job, such as a paint factory or semiconductor manufacturing company.