Birth Defect Litigation: The Good The Bad And The Ugly

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Parents wish their children to be perfect, but sometimes it's impossible. When that becomes a reality it is imperative for parents to seek the help of experienced birth defect lawyers.

Birth injuries and birth defects could be caused by medical malpractice, drugs that are dangerous, birth Defect attorney and environmental exposure. A New York birth defects law firm can help.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their region, it's deemed medical malpractice. This could mean failing to perform routine prenatal tests or prescribing medications that increase the chance of having a birth defect, or making a mistake during the birth and delivery.

Birth defects and birth injuries are usually caused by environmental and genetic causes, but they can also be the result of an error by a doctor. For instance when a doctor fails to recognize the presence of a congenital defect in utero and then fails to notify parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician had a duty 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 was harmed economically and non-economically due to his or her injuries. These damages could include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate testing and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These birth defects can range in severity and affect the manner in which a child looks, acts and functions in life. Some are minor, whereas others can cause serious issues and may even cause death.

The reasons for a child's birth defects can be attributed to genetic defects or a range of chemical and environmental factors. Exposure to harmful chemicals, for example, can cause serious complications in the infant. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or medications.

In scientific literature, it is established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn child. These toxins are known as teratogenic. The exposure to these teratogenic chemicals can cause birth defects such as the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed to many toxic chemicals when they are at work. They can be ingested, inhaled or absorbed into the skin of the body. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These toxins can also be ingested by parents while they are taking certain over-the counter and prescription drugs. Many medications have not been adequately tested on pregnant women 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 not the only reason. The presence of numerous chemical compounds and toxins in the workplace, at home and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still trying to find the specific cause of a birth defect. It is possible that a variety of factors could cause the condition. The challenge is to analyze the interactions 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 their progress over time and also their children. This study will provide the most comprehensive information to date on how many environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child feel guilty because they believe they are responsible for it. But, these problems are often unavoidable. Our birth defect lawyers understand this and are committed to helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be prevented. If your child was diagnosed with a medical condition that could have been prevented, you may be able to claim damages in a lawsuit for birth defects.

A New York birth defect attorney can help you determine if your child's illness is due to an illness, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition your legal team will be able to estimate the total cost of associated medical expenses that are qualified for compensation.

Although the vast majority of birth injuries 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 may prescribe a medication that injures the baby before it's born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully pursued claims in which a mother’s health healthcare provider was exposed toxic chemicals or prescription drugs which increased the risk that she could give birth to a child who has birth defects. We also brought birth defect lawsuits against companies that expose their workers to harmful substances on the job, such as a paint factory or semiconductor manufacturing company.