20 Myths About Birth Defect Litigation: Dispelled

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's impossible. When that becomes a reality it is vital that parents in shock seek the help of seasoned birth defect lawyers.

Birth injuries and birth defects can be caused by medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her area of expertise. It could be a failure to conduct routine prenatal tests or prescribing medications that increase the likelihood of birth defect or making a misstep during the birth and delivery.

Birth defects and birth injuries are typically caused by genetic or environmental causes, birth defect attorney but sometimes they are the result of a doctor's negligence or malpractice. For instance, if a physician fails to detect a congenital disorder in the uterus and then fails to notify the parents of this condition, parents may make a claim for wrongful birth seeking compensation for all the lifetime expenses associated with the handicapped child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor owed a duty of duty to the patient, that he breached the duty, and that his actions or lack of action directly led to damage and injuries, and that he suffered economic and non-economic losses from the injuries. These damages could include medical bills as well as lost wages and emotional stress.

Prenatal visits are necessary to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects vary in severity and affect manner in which a child looks and behaves in life. Some are minor and others can lead to serious issues that could be fatal.

The causes of a child's birth defects can stem from genetic anomalies or a wide range of environmental and chemical factors. For example, exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

In the scientific literature, it has been established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These toxins are known as teratogenic. The exposure to these teratogenic chemicals could cause birth defects such as cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed a variety of harmful chemicals. These chemicals can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) which are used in the production of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. Many pharmaceuticals have not been adequately tested on pregnant woman and have caused birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors is also a major cause. A variety of toxins and chemicals that are found in the home as well as in food items can increase the risk of having a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, some paints and many other chemical compounds. Exposure to toxic substances is almost always inevitable. However, when employers fail to protect pregnant workers, they're negligent and may be held responsible.

Researchers are still trying to find the root of the birth defect. It is possible that a combination between several factors can cause the condition, but the challenge is assessing the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from representative population and follow their progress over time, as well as their children. This study will provide complete information on how environmental factors affect the health of children and fetuses.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the condition, but it is often the case that these kinds of problems are not a choice. Our birth defect lawyers are aware of this and are dedicated in helping families whose children are born with 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 issues can be prevented. If your child was diagnosed with a medical issue that could have been avoided and prevented, you could be able to claim damages in lawsuits for birth defects.

A New York birth defect attorney will be able help you determine if the condition of your child is caused by an underlying chemical, birth defect attorney medication or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills for your child's condition in relation to the severity.

Although the majority of birth defects are not caused by medical negligence, there are some instances where a doctor or healthcare worker has been negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medication which harms an infant before it is born, or commit a mistake during surgery.

Our birth defect attorneys have successfully defended claims in which a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chance that she will give birth to a child with birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to harmful chemicals when they work.