20 Myths About Birth Defect Litigation: Dispelled

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. If this happens it is vital that parents in shock seek the assistance of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their field. This could mean failing to perform routine prenatal testing or prescribing medications that increase the risk of a birth defect or committing a lapse during the birth and delivery.

Birth defects and birth injuries are usually caused by environmental and genetic factors, but they can also be the result of a doctor's negligence. For example the case where a doctor is unable to identify a congenital disorder in the uterus and fails to notify parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the lifetime costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the doctor breached this duty, that the doctor's negligence or failure to act directly caused injuries and damages and that the victim was harmed economically and non-economically as a result of the injuries. These damages might include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth injuries and defects can be prevented through timely testing and birth defect law firm monitoring during pregnancy, so it's important for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you suspect that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects may be of different severity and affect the way that the child behaves, looks and functions. Some are minor while others can cause serious problems that may be fatal.

The causes of birth defects could be due to genetic defects or a range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to holding employers accountable for the exposure of pregnant women and newborn babies to harmful substances or medications.

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

While working, mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents like ethylene glycol-ethers (EGE), which are used in the manufacture of semiconductors. These toxins can also be ingested by parents when they consume certain over-the counter and prescription drugs. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's far from the only one. The presence of many different chemical compounds and toxins in the workplace, at home and in food can increase the risk of developing birth defects. This includes fungicides, pesticides, lead, heavy metals, some paints and many other chemical compounds. Exposure to these toxic substances is usually unavoidable. 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 pinpoint the precise cause of a birth defect. It is possible that a combination of factors may cause the condition. The challenge is to evaluate the interactions in real-time. The National Children's Study is important since it is currently in process across several states. The NCS will enroll 100,000 women from representative population and follow them over time and also their children. This study will provide complete information on the effects of environmental factors on the health of children and fetuses.

Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it is often the case that these types of defects are inevitable. Our birth defect attorneys are aware of this and are dedicated in helping families with children who have birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided, you may be able to claim damages in an action for birth defects.

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

Although the vast majority of birth injuries are not the result of medical negligence, there have been cases where a doctor has been negligent during or prior to labor and birth. A doctor might prescribe a medication that could harm a baby, even before birth, or may make an error in surgery.

Our birth defect lawyers have successfully defended lawsuits against drug makers when a mother's medical care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child developing a birth defect. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers to toxic chemicals while in the workplace.