15 Current Trends To Watch For Birth Defect Litigation

Birth Defect Lawsuits

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

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

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of care in his or her field. This could include failing to conduct routine prenatal tests or prescribing medications that increase the likelihood of a birth defect or making a misstep during labor and birth.

Birth defects and birth injuries are typically the result of genetic and environmental causes, however sometimes they are the result of an error or negligence of a physician. For instance the case where a doctor fails to recognize a congenital disability in utero and fails to inform parents of this condition, parents may make a claim for wrongful birth seeking compensation for the ongoing costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases demands that the doctor has a responsibility to the patient of care, that the physician violated this duty, the doctor's actions or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic damages due to his or her injuries. These damages could include costs of medical bills lost wages, pain and suffering, and emotional distress.

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

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of varying severity and impact the way the child behaves, looks and performs. Some are minor while others can cause serious problems and may even cause death.

The reasons for a child's birth defects can be attributed to genetic anomalies or a wide range of environmental and chemical factors. Exposure to harmful chemicals, for example, can cause serious complications in babies. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful substances or drugs.

It is well-established in scientific research that certain toxins and chemicals can cross the placenta and affect an unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals could cause birth defects such as lip clefts, palates, Birth defect lawyers and spina bifida.

While working, many mothers are exposed a variety of toxic chemicals. They can be ingested, inhaled or absorbed through the skin of the body. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE), which are used in the production of semiconductors. These chemicals can also be consumed by parents when they take certain prescription or over-the-counter medications. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors is also a major cause. Many different chemicals and toxins that are found in the home workplace, food and work environment could increase the chances of a birth defect. These include fungicides, pesticides, lead, heavy metals, some paints and many other chemical substances. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers aren't able to identify the exact cause of a particular birth defect. It is possible that a variety of factors can cause the condition. The problem is to evaluate the effects of these factors in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from a representative populations and will follow their progress over time, as well as their children. This study will provide the most comprehensive data on how environmental factors impact the health of infants and children.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it is the norm that these kinds of issues are not a choice. Our birth defect lawyers know this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Birth defects are caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be prevented. If your child was born with a medical condition 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 condition was caused by chemical exposure, a drug or another environmental trigger that could be eligible for compensation. Your legal team will calculate the total cost of medical bills related to your child's condition according to the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are occasions where a healthcare professional has been negligent prior to or during labor and delivery. A doctor may prescribe a medication that could harm a baby, even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her having a child with a birth defect. We also have brought birth defect lawsuits against companies that expose workers to dangerous substances while working in a paint factory or semiconductor manufacturing companies.