15 Up-And-Coming Trends About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not feasible. When this happens, it's important parents who are shocked 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 get answers.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of medical care in their field. This could include failing to conduct routine prenatal testing or prescribing medication that increases the likelihood of a birth defect or committing a lapse during the birth and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic causes, however, they could also be caused by a doctor's negligence. If a doctor fails detect congenital disabilities in utero, and then fails not to inform the parents they may be eligible to file a claim for wrongful birth seeking compensation for all expenses associated with their disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty of care, that the doctor breached this duty, that the doctor's actions, or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages could include medical bills or lost wages, as well emotional stress.

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

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects can range in severity and affect way a child looks and behaves throughout life. Some are minor while others can cause serious issues that could be fatal.

Birth problems can be caused by genetic disorders or a variety of chemcial and environmental factors. For example exposure to toxic chemicals could cause serious problems for newborns. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or drugs.

In scientific research, it is known that certain chemicals and toxins may traverse the placenta and affect the unborn child. These chemicals are teratogenic. Exposure to these teratogenic chemicals could cause birth defects like the cleft lip and palate as well as spina bifida, and muscular dystrophy.

While they are working, many mothers are exposed to a variety of harmful chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These contaminants can also be ingested by parents while they are taking certain over-the counter and prescription drugs. Many medications have not been thoroughly tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also play a role. Many different toxins and chemicals found in our homes workplace, food and work environment could increase the chances of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, birth defect law firm it is a breach of duty and they could be held accountable.

Researchers are still unable to identify the exact cause of a particular birth defect. It could be that a combination of factors could cause the condition. The problem is to assess these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enrol 100 women from the representative population and monitor them and their children over the long run. This study will provide the most comprehensive data available on how various environmental factors influence fetal and child health.

Many parents who have a birth defect in their child feel guilt believing that they were responsible for the defect. However, these issues are usually unavoidable. Our birth defect attorneys understand this and are dedicated in helping families whose children are born with birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be avoided. If your child was born with a medical issue which could have been prevented, you may be entitled to claim damages through an action for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's illness is caused by a medication, chemical exposure or another environmental trigger which is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses associated with your child's condition according to the severity.

While the majority of cases are not the result of medical negligence, there have been cases where a doctor was negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medication that injures a baby before it is born, or make an error during surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her having a child born with birth defects. We also brought birth defect lawsuits against companies that expose their workers to hazardous substances at work like a paint factory or semiconductor manufacturing company.