"Ask Me Anything:10 Answers To Your Questions About Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's not feasible. When that happens, it is essential for parents to seek out the assistance of skilled birth defect lawyers.

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

Medical Malpractice

When a doctor fails follow the accepted standard of practice in his or her area, it is considered medical malpractice. This might involve failing to perform routine prenatal testing or prescribing medication that increases the likelihood of a birth defect or committing a lapse during labor and delivery.

Birth defects and birth injuries are often due to genetic and environmental causes, but occasionally they arise due to an error or negligence of a physician. For example in the event that a physician fails to detect a congenital disability in utero and then fails to notify parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the physician did not fulfill this duty, that the doctor's actions, or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic damage due to the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. It's important for pregnant women to follow their doctors' recommendations regarding their prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These defects are of various degrees and affect the way that children behave, appear and performs. Some are minor and others can cause serious problems that may be fatal.

The reasons for a child's birth defect law firms defects can be attributed to genetic abnormalities or a variety of chemical and environmental factors. Exposure to harmful chemicals, for example can trigger serious complications in the infant. Our firm is committed to holding employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or birth defect lawyer medications.

It is well-established in the scientific literature that certain toxins and chemicals can cross the placenta, affecting the unborn baby. These toxins are teratogenic. The exposure to these chemicals can cause birth defects, such as the cleft palate and lips, spina bifida and muscular dystrophy.

Many mothers are exposed many toxic chemicals while they are at work. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. Parents can be exposed to these chemicals when they consume certain prescription and over-the-counter drugs. Many medications have not been adequately tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of many different chemicals and toxins at the home, at work and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are unable to pin down exactly what causes the birth defect in a specific way. It could be that a combination of factors can trigger the condition. The next step is to evaluate the interactions in real-time. The National Children's Study is important because it is currently underway in several states. The NCS will enroll 100,000 women from a representative population and track them over time, as well as their children. This study will provide most complete information on the effects of environmental factors on the health of infants and children.

Many parents who have a birth defect in their child are resentful and believe that they contributed to it. However, these birth defects are often unavoidable. Our birth defect lawyers are aware of this and birth defect lawyer are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, a lot of these causes can be avoided. If your child was born with a medical condition that could have been avoided and you are entitled to claim damages through an action for birth defects.

A New York birth defect lawyer can assist you determine if your child's condition is the result of an exposure to chemicals, medication or any other environmental cause that could be eligible for compensation. Depending on the degree of your child's illness, your legal team will also be able to determine the total cost of associated medical bills that are admissible for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are some instances in which a doctor or healthcare worker has been negligent prior to or during labor and birth. A doctor may prescribe a medicine that hurts a baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully defended cases against drug companies in which a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the chance of her having a child born with birth defect. We have also brought birth defect lawsuits against companies that expose employees to harmful substances on the job in a paint factory or semiconductor manufacturing companies.