What NOT To Do During The Birth Defect Litigation Industry

Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not always possible. When that happens it is imperative that parents who are in shock seek out the assistance of skilled birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in their field, it's considered medical malpractice. This could mean failing to conduct routine prenatal testing and prescribing a medication that increases the chance of having a birth defect or making a misstep during labor and delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors but they can also be the result of the negligence of a physician. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to inform parents of the problem they may be in a position to file a lawsuit for wrongful birth seeking compensation for all costs that are associated with their disabled child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of care to the patient, that he breached that duty, that his actions or lack of action directly caused injuries and damages and that he suffered economic and birth Defect Law Firm noneconomic damage due to the injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some type of birth defect in the United States. These birth defects may be of different severity and impact the way the child behaves, looks and functions. Some are minor while others can cause serious issues and even lead to death.

Birth defects can be caused by genetic defects or a range of chemcial or environmental factors. Exposure to toxic chemicals, for example, can cause serious complications in a newborn. Our firm is committed in holding employers accountable when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

In scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta to affect an unborn child. These chemicals are referred to as teratogenic. The exposure to these chemicals can cause birth defects like the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed to an array of toxic chemicals while they are working. These chemicals can be consumed, inhaled or absorbed into the skin of the body. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may also be exposed to these poisons when they consume certain prescription and over-the-counter drugs. Many medications have not been tested properly 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 factor. Many different toxins and chemicals found in our homes as well as in food items could increase the chances of having a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. However, when employers fail to protect pregnant workers they are negligent and can be held responsible.

Researchers are still trying to determine the precise cause of a birth defect. It is possible that a mix of factors may cause the condition. The problem is to study these interactions in real time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from a representative population and track their progress over time and their children. This study will provide the most complete information to date on how different environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child feel guilty believing that they were responsible for the defect. But, these problems are usually unavoidable. Our birth defect lawyers know this and are committed to helping families seek justice for children who suffer from birth defects.

Product Liability

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

A New York birth defect lawyer will be able to assist you determine if your child's condition is the result of chemical exposure, a medication or any other environmental cause which is eligible for compensation. Based on the severity of your child's illness your legal team will also be able calculate the total cost of medical bills that are admissible for compensation.

While the vast majority of birth defects are not caused by medical negligence, there are instances when a healthcare worker is negligent prior to or during labor and birth. A doctor could prescribe a medication in a way that causes harm to a baby even before birth, or may make an error during surgery.

Our birth defect law firm defect lawyers have successfully prosecuted claims in which a mother’s health medical professional was exposed to prescription drugs or toxic chemicals which increased the chance that she will give birth to a baby with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories who expose their workers to harmful chemicals in the workplace.