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

Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's impossible. If that happens, it is essential that parents in shock seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of medical care in their field. This could mean failing to perform prenatal testing, prescribing medications that increase the likelihood of birth defects, or making an error during labor and delivery.

Birth birth defects and birth injuries are often caused by genetic and environmental factors, but sometimes they are caused by the negligence or malpractice of a doctor. For example, if a physician is unable to identify the presence of a congenital defect in utero and fails to inform parents of the disability, the parents can file a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

To prevail in a medical malpractice lawsuit in birth defect cases the plaintiff has to prove that the doctor was bound by a duty of duty to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly caused damages and injuries and that the plaintiff suffered economic and noneconomic damage from the injuries. These damages could include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

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

The causes of birth defects can be attributed to genetic disorders or a variety of chemical and environmental factors. Exposure to toxic chemicals, for birth defects instance causes serious complications in babies. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or medications.

It is well-established in the scientific research that certain toxins and chemicals can cross the placenta, affecting an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals could cause birth defects like the cleft palate and lips as well as spina Bifida and muscular dystrophy.

While working, mothers are exposed a variety of toxic chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. Parents can also be exposed poisons when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of various 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 frequent. Heavy metals, paints heavy pigments, birth defects certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to determine exactly what causes a specific birth defect. It is possible that an interaction between several factors can cause the condition, but the problem is evaluating 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 a representative population and track them throughout their lives and also their children. This study will provide the most comprehensive information to date on how many environmental factors affect fetal and child health.

Many parents who have a birth defect in their child feel guilt because they believe they contributed to it. However, these birth defects are usually unavoidable. Our birth defect lawyers understand this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defect attorney defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes can be avoided. If your child was born with a medical condition that could have been avoided in the first place, you may be able to claim damages through an action for birth defects.

A New York birth defect lawyer can help you determine if your child's illness was caused by an exposure to chemicals, medication or another environmental trigger that could be eligible for compensation. Based on the severity of your child's condition your legal counsel will also be able to determine the total cost of medical bills that are admissible for compensation.

Although the majority of birth defects aren't caused due to medical negligence, there are instances when a healthcare worker has been negligent prior to or during labor and birth. A doctor could prescribe a medicine incorrectly, which can harm a baby before birth, or even make an error in surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies in which a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child being born with birth defects. We also have brought birth defect lawsuits against paint factories and semiconductor producers which expose their employees to harmful chemicals when they work.