The Ugly Truth About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not possible. If this happens, it's crucial that parents who are stunned seek the help of experienced birth defects lawyers.

birth defect attorneys injuries and birth defects could be caused by medical malpractice and drugs that are harmful as well as exposure to environmental hazards. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a doctor lawsuit is in violation of the accepted standard of medical care in their field. This could be due to failing to conduct prenatal testing, prescribing medications that increase the risk of birth defects, or making an error during labor and delivery.

Birth defects and birth injuries are often caused by genetic or environmental causes, however sometimes they occur due to medical negligence or malpractice. For instance in the event that a physician fails to detect an inborn disability and then fails to notify parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifelong costs associated with the disabled child.

To win a medical malpractice lawsuit in birth defects the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, that he breached the duty, that his actions or lack of action directly caused damage and injuries, and that the plaintiff was a victim of economic and non-economic damages as a result of the injuries. These damages could include medical bills as well as lost wages and emotional distress.

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

Toxic Chemicals

Every year, thousands of children are born with some form of birth defect in the United States. These birth defects may be of different severity and affect the way that a child acts, looks and functions. Some are minor while others can cause serious problems that may be fatal.

The causes of a child's birth defects can be attributed to genetic disorders or a variety of chemical and environmental factors. Exposure to harmful chemicals, for instance could cause serious problems in the newborn. Our firm is committed in making employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals could cause birth defects such as lip clefts, palates, and spina Bifida.

Many mothers are exposed to an array of toxic chemicals while at work. These chemicals can be inhaled, inhaled or absorbed into the body's skin. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) used in the production of semiconductors. These contaminants can also be ingested by parents when they consume certain prescription or over-the-counter medications. Many pharmaceuticals have not been adequately tested on pregnant women 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 not the only one. A variety of toxins and chemicals found in the home, workplace and food can increase the chance of a birth defect. Pesticides and fungicides are among the most commonly used. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is often inevitable. However, when companies fail to protect pregnant employees, they are negligent and can be held accountable.

Researchers aren't able to pin down exactly what causes a specific birth defect. It is possible that a combination with multiple factors could trigger the problem, but the issue is assessing these interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from a representative population and monitor them over time and also their children. This study will provide complete information on how environmental factors affect the health of infants and children.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the condition, however it is often the case that these kinds of problems are inevitable. Our birth defect lawyers understand this and are dedicated in helping families whose children are born with birth defects.

Product Liability

Birth defects can be caused by many factors, ranging from drug or alcohol consumption during pregnancy to genetic. Fortunately, a lot of these issues can be prevented. If your child was born with a medical issue that could have been avoided and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine if your child's illness was caused by chemical exposure, a medication or other environmental factor that is eligible for compensation. Depending on the degree of your child's illness the legal team will also be able to determine the total cost of associated medical expenses that are suitable for compensation.

Although the vast majority of birth injuries are not caused due to medical negligence, there have been cases where a doctor was negligent during or prior to labor and delivery. A doctor could prescribe a medicine incorrectly, which can harm a baby before the birth, or make an error in surgery.

Our birth defect lawyers have successfully defended 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 having a child born with birth defects. We have also brought birth defect lawsuits against companies that expose their workers to dangerous substances in the workplace in a paint factory or semiconductor manufacturing companies.