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

Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes that's impossible. If this happens, it's crucial parents who are shocked seek the assistance of experienced birth defects lawyers.

Birth injuries and birth defects can be caused by medical negligence and drugs that are harmful as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice is when a doctor violates the accepted standard of care in his or her field. It could be a failure to conduct routine prenatal testing and prescribing a medication that increases the risk of a birth defect or making a misstep during labor and birth.

Birth defects and birth injuries are typically caused by genetic and environmental causes, however sometimes they are the result of an error or negligence of a physician. For example when a doctor does not recognize an inborn disability and then fails to notify the parents of this condition, parents may make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the handicapped child.

In order to prevail in a medical malpractice case in birth defect cases the plaintiff must demonstrate that the doctor owed a duty of care to the patient, and that he violated this duty, that his actions or inaction action directly caused damages and injuries and that the plaintiff suffered economic and noneconomic damages from the injuries. These damages could include medical bills as well as lost wages and emotional stress.

Prenatal visits are crucial to ensure that pregnant women receive the proper testing and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can be of various severity and impact the way children behave, look and functions. Some are minor and others can cause serious problems that may be fatal.

The causes of a child's birth defect lawyer defects can stem from genetic defects or a range of chemical and environmental factors. Exposure to toxic chemicals, for example causes serious complications in babies. Our firm is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful medications or substances.

In the scientific research, it is known that certain chemicals and toxins may cross the placenta to affect an unborn child. These toxins are teratogenic. The exposure to these teratogenic chemicals can cause birth defects such as the cleft palate and lips, spina bifida and muscular dystrophy.

While working, mothers are exposed a variety of toxic chemicals. These chemicals can be consumed or inhaled, or absorbed by the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, birth defect law firm exposure to environmental factors is also a major cause. A variety of toxins and chemicals that are present in the home workplace, food and work environment can increase the risk of having a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints, and various chemical compounds. Exposure to these toxic substances is often inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.

Researchers have yet to pinpoint the specific cause of a birth defect. It could be that a combination of factors could cause the condition. The problem is to study the interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enroll 100,000 women from a representative population and follow their progress over time as well as their children. This study will provide the most comprehensive data available on how different environmental factors impact fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it's usually the case that these types of defects are unavoidable. Our birth defect lawyers recognize this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Birth problems are caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition which could have been avoided, you may be able to claim damages in lawsuits for birth defects.

A New York birth defect attorney will be able help you determine if the condition of your child is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical expenses for your child's condition depending on the severity.

While the majority of cases are not due to medical negligence however, there have been instances where a doctor has been negligent during or before labor and delivery. A doctor might incorrectly prescribe a medication that injures the baby before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully pursued cases against drug companies in cases where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood 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 harmful chemicals when they work.