Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not feasible. When this happens, it's vital that parents who are stunned seek out the help of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm (right here on avangardha.com) can provide answers.

Medical Malpractice

Medical negligence occurs when a doctor does not adhere to the accepted standards of medical care in their field. This may include failing to perform prenatal testing or prescribing medications that increase the likelihood of birth defects, or making an error during labor and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental causes, but occasionally they are caused by an error or negligence of a physician. For example in the event that a physician does not recognize an inborn disability and then fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for the ongoing costs associated with the disabled child.

In order to win a medical malpractice claim in birth defect cases the plaintiff has to prove that the doctor was bound by a duty of care to the patient, and that he did not fulfill this duty, that his actions or lack of action directly triggered injuries and damages and that the patient suffered economic and noneconomic damages from the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you believe that the birth defect of your child is due to medical malpractice, birth defect law firm speak to an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects can be of various 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.

Birth defects can result from genetic defects or a range of chemcial and environmental factors. For instance exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn children to harmful substances or drugs.

It is well-established in scientific research that certain toxins and chemicals can pass through the placenta to affect the unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to a wide variety of harmful chemicals when they are working. They can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents such as EGE or ethylene glycol (EGE) used in the production of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription and over-thecounter medicines. This is because many pharmaceuticals are not properly tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, environmental exposure can also play a role. The presence of a variety of toxins and chemical compounds in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are unable to pinpoint exactly what causes a specific birth defect. It is possible that an interaction between several factors can cause the condition, but the problem is assessing these interactions in real-time. The National Children's Study is important because it is now underway in several states. The NCS will enroll 100,000 women from representative population and track them throughout their lives and their children. This study will provide comprehensive information about the effects of environmental factors on fetal and childhood health.

Many parents who have a birth defect in their child feel guilt because they believe they were responsible for the defect. However, these defects are usually unavoidable. Our birth defect attorneys understand this and are committed to helping families with children with birth defects.

Product Liability

Birth defects can be caused by a variety causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, many of these issues can be prevented. If your child was diagnosed with a medical condition that could have been avoided and prevented, you could be able to recover damages in an action for birth defects.

A New York birth defect attorney can assist you to determine if your child's condition is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical expenses related to your child's condition according to the severity.

While the majority of these cases are not caused due to medical negligence there are instances where doctors have been negligent prior to or during labor and birth. A doctor could prescribe a medication incorrectly that causes harm to a baby even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully prosecuted cases where a mother's health care provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child who has birth defects. We also have brought birth defect lawsuits against semiconductor and paint factories which expose their employees to hazardous substances in the workplace.