What Is Birth Defect Litigation History Of Birth Defect Litigation

birth defect lawsuit Defect Lawsuits

Parents want their children perfect but sometimes it's not always possible. When this happens, it's important parents who are shocked seek the help of experienced birth defects lawyers.

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

Medical Malpractice

When a doctor fails adhere to the accepted standard of practice in his or her region, it's deemed medical malpractice. This could be due to failing to conduct 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 often the result of genetic and environmental causes, but occasionally they are caused by medical negligence or malpractice. For instance the case where a doctor fails to detect a congenital disorder in the uterus and then fails to notify the parents of this disability, the parents can make a claim for wrongful birth seeking compensation for the lifetime costs associated with the disabled child.

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

Some birth problems and injuries can be avoided with timely testing and monitoring during pregnancy. It's crucial for pregnant women to follow their doctors' advice regarding prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some type of birth defect in the United States. These defects can vary in severity and impact the how a child appears, acts and functions in life. Some are minor, while others can cause serious problems and even lead to death.

The causes of a child's birth defects can stem from genetic abnormalities or a range of chemical and environmental factors. For example, exposure to toxic chemicals could cause serious problems for a newborn. Our firm is determined to hold employers accountable for exposed pregnant women and their newborn babies to harmful substances or drugs.

In scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta to affect the unborn child. These toxins are teratogenic. These teratogenic chemicals could cause birth defects, such as lips, palates, and clefts as well as spina Bifida.

While they are working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents can be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. Many pharmaceuticals have not been tested properly on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also play a role. Many different toxins and chemicals found in our homes or workplace can increase the likelihood of having a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints, and many other chemical substances. Exposure to these toxins is generally inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to identify the exact cause of the birth defect in a specific way. It could be that an interaction between multiple factors may cause the condition, but the problem is evaluating these interactions in real time. The National Children's Study is important since it is currently in process in a number of states. The NCS will enroll 100,000 women from representative population and follow them over time as well as their children. This study will provide the most comprehensive data to date about how different environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child are resentful because they believe they are responsible for it. But, these problems are often unavoidable. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Birth problems can be caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, most of these causes can be cured. If your child was diagnosed with a medical issue which could have been avoided it is possible to seek compensation through an action for birth defects.

A New York birth defect attorney will be able to help you determine if the condition of your child is due to an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical bills related to your child's condition in relation to the severity.

While the vast majority of birth defects are not caused by medical negligence, there are some instances where a healthcare worker has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medicine that hurts the baby before it's born, or make an error during surgery.

Our birth defect lawyers have successfully defended cases against drug companies in cases where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her child developing a birth defect. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to hazardous substances in the workplace.