"Ask Me Anything": Ten Responses To Your Questions About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not always possible. If this happens, it's vital parents who are shocked seek the assistance of experienced birth defects lawyers.

Medical negligence, dangerous medications, 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

When a doctor fails adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This could include not performing prenatal tests and prescribing medicines which increase the chance of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries are typically caused by genetic and environmental causes, but occasionally they arise due to the negligence or malpractice of a doctor. For instance in the event that a physician fails to recognize a congenital disorder in the uterus and birth defect law firm fails to notify the parents of this disability, the parents may bring a wrongful birth claim 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 has a responsibility to the patient of care, that the physician did not fulfill this duty, that the doctor's actions, or failure to act caused injuries and damages and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages could include costs of medical bills lost wages as well as pain and suffering and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the required tests 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 various severity and impact the way the child behaves, looks and functions. Some are minor while others can cause serious problems and may even cause death.

The causes of birth defects could be due to genetic disorders or a variety of chemical and environmental factors. Exposure to toxic chemicals, for example causes serious complications in the newborn. Our company is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful chemicals or medications.

It is well-established in scientific research that certain toxins as well as chemicals can pass through the placenta to affect an unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals can cause birth defects such as cleft lips, palates and spina Bifida.

While they are working, mothers are exposed a variety of harmful chemicals. They can be ingested or inhaled through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) that are used in the fabrication of semiconductors. Parents can be exposed to these poisons when they consume certain prescription and over-the-counter drugs. Many drugs have not been tested properly on pregnant woman and have led to birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's far from the only one. Many different toxins and chemicals that are present in the home or workplace can increase the chance of having a birth defect. These include pesticides, fungicides lead, heavy metals, some paints and many other chemical compounds. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable to determine exactly what causes a specific birth defect. It is possible that a combination between multiple factors may cause the condition, but the problem is evaluating these interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from a representative populations and will follow their progress over time and their children. This study will provide most comprehensive data on how environmental factors affect fetal and childhood health.

Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the disorder, but it's usually the case that these kinds of problems are not a choice. Our birth defect law firms defect lawyers know this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. However, many of these causes are preventable. If your child was born with a medical issue that could have been avoided and you are entitled to compensation through an action for birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's illness was caused by a medication, chemical exposure or any other environmental cause that could be eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness based on the severity.

Although the vast majority are not the result of medical negligence however, there have been instances where doctors have been negligent during or prior to labor and delivery. A doctor may prescribe a medication which harms a baby before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully pursued claims against drug manufacturers in which a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her having a child born with birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to toxic chemicals while during their work.