5 Laws Everybody In Birth Defect Litigation Should Be Aware Of

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that's not feasible. If this happens, it is essential that parents in shock seek the help of experienced birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice is when a doctor violates the accepted standard of care in his or her area of expertise. This could mean failing to perform routine prenatal testing, prescribing medication that increases the chance of having a birth defect or committing a lapse during the birth and delivery.

Birth defects and birth injury are usually caused by environmental and genetic factors but they can also be a result of the negligence of a physician. For example when a doctor does not recognize a congenital disability in utero and then fails to notify parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician had a duty to the patient of care, that the doctor did not fulfill this duty, that the doctor's negligence or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic losses as a result of the injuries. These damages may include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are essential to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that the birth defect of your child is the result of medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

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

The causes of birth defects could be due to genetic abnormalities or a variety of environmental and chemical factors. Exposure to toxic chemicals, for example causes serious complications in babies. Our company is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.

In the scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta to affect an unborn child. These toxins are called teratogenic. These teratogenic chemicals may cause birth defects like lip clefts, palates, and spina bifida.

Many mothers are exposed to an array of toxic chemicals while at work. These chemicals can be ingested, inhaled or absorbed into the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the manufacturing of semiconductors. These toxic substances can also be consumed by parents when they consume certain prescription or over-the-counter medications. Many drugs have not been thoroughly tested on pregnant women and have resulted in birth defect law firm defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure is also a major factor. A variety of toxins and chemicals that are present in the home or workplace could increase the chances of having a birth defect. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and many other chemical compounds. Exposure to these toxic substances is generally inevitable. But, when businesses fail to safeguard pregnant employees, they're negligent and could be held responsible.

Researchers are still unable to pinpoint the root of the birth defect. It is possible that a combination between several factors can cause the problem, but the issue 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 important. The NCS will enroll 100,000 women from a representative population and track their progress over time and also their children. This study will provide the most complete data available on how various environmental factors impact fetal and child health.

Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the condition, but it's often the case that these types of defects are inevitable. Our birth defect lawyers know this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. However, birth Defect law firm many of these causes can be prevented. If your child was born with a medical issue that could have been prevented or prevented, you could be entitled to compensation through an action for birth defects.

A New York birth defect attorney will be able to help you determine if your child's condition is due to an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical bills for your child's condition in relation to the severity.

Although the majority of birth defect law firms defects are not caused by medical negligence, there are cases in which a doctor or healthcare worker has been negligent before or during labor and birth. A doctor may prescribe a medication that can harm a baby before birth, or even make an error during surgery.

Our birth defect lawyers have successfully defended claims against drug manufacturers where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her child developing birth defect. We also brought birth defect lawsuits against companies that expose employees to dangerous substances while working in a paint factory or semiconductor manufacturing companies.