How The 10 Worst Birth Defect Litigation Fails Of All Time Could Have Been Prevented

Birth Defect Lawsuits

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

If a physician fails to follow the accepted standard of practice in his or her area, it is considered medical malpractice. It could be a failure to conduct routine prenatal testing, prescribing medication that increases the risk of a birth defect or committing a lapse during the labor and delivery.

Birth defects and birth injuries are usually due to genetic and environmental causes, but occasionally they are the result of an error or negligence of a physician. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to inform parents they may be in a position to file a lawsuit for wrongful birth seeking compensation for birth defect law firm all costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the physician violated that duty, the doctor's actions or inability to act directly caused injuries and damages, and that the victim suffered economic and non-economic damages due to the injuries. These damages may include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the proper tests and monitoring. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects may be of different severity and impact the way the child behaves, looks and functions. Some are minor while others can cause serious problems that may be fatal.

Birth problems can be caused by genetic anomalies or a range of chemcial or environmental factors. For example, exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or medications.

In the scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect an unborn child. These toxins are called teratogenic. These teratogenic chemicals may cause birth defects like the cleft palate, lips and spina bifida.

Many mothers are exposed an array of harmful chemicals when they are working. These chemicals can be consumed, inhaled or absorbed into the body's skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) used in the production of semiconductors. Parents may be exposed to these chemicals when they consume certain prescription and over-the counter drugs. Many pharmaceuticals have not been thoroughly tested on pregnant woman and may cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure is also a major cause. Many different toxins and chemicals that are found in the home workplace, food and work environment can increase the risk of having a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxins is often inevitable. However, if companies do not take precautions to protect pregnant employees they're negligent and could be held responsible.

Researchers are unable to determine exactly what causes the birth defect in a specific way. It is possible that a mix of factors may cause the condition. The next step is to study the effects of these factors in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow them throughout their lives, as well as their children. This study will provide the most complete data available on how various environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child feel guilt, believing that they were responsible for the defect. However, these birth defects are often unavoidable. Our birth defect lawyers recognize this and are dedicated to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was born with a medical condition that could have been prevented and you are entitled to claim damages through an action for birth defects.

A New York birth defect attorney can assist you to determine if your child's problem is due to a medication, chemical or environmental exposure that is eligible for compensation. Based on the severity of your child's condition, your legal team will be able to estimate the total cost of associated medical bills that are eligible for compensation.

While the vast majority of birth defects are not caused due to medical negligence, there are cases where a doctor or healthcare worker was negligent before or during labor and delivery. A physician may 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 prosecuted cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child developing a birth defect. We have also filed birth defect lawsuits against companies that expose their workers to dangerous chemicals while working in a paint factory or semiconductor manufacturing companies.