Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes impossible. If this happens, it's essential parents who are shocked seek the assistance of a seasoned birth defect lawyers.

Birth problems and injuries can be caused by medical negligence, drugs that are dangerous and exposure to environmental factors. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. This might involve failing to conduct routine prenatal testing, prescribing medication that increases the chance of having a birth defect or making a misstep during labor and birth.

Birth defects and birth injuries can be caused by genetic and environmental factors, however, they could also be the result of the negligence of a doctor. If a physician fails to detect congenital problems in utero and fails to notify parents of the condition, parents might be in a position to file a lawsuit for wrongful birth seeking compensation for all the expenses associated with their disabled child.

To win a medical negligence case in birth defects, the plaintiff must prove that the doctor was bound by a duty of care to the patient, and that he did not fulfill that duty, that his actions or inaction action directly caused injuries and damages and that he suffered economic and noneconomic damage from the injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy, which is why it's vital for pregnant women follow their doctors' advice regarding prenatal appointments. If you suspect that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These birth defects can be of various severity and impact the way children behave, look and performs. Some are minor, but others can cause serious problems and even be fatal.

The causes of a child's birth defects may be due to genetic disorders or a range of chemical and environmental factors. For example exposure to toxic chemicals can cause serious health issues for a newborn. Our company is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

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

Many mothers are exposed a wide variety of harmful chemicals when they are working. These chemicals can be breathed in or inhaled through the skin. These chemicals include industrial solvents such as the 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. This is due to the fact that a number of drugs aren't adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors is also a major cause. Many different chemicals and toxins that are found in the home, workplace and food could increase the chances of having a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is usually unavoidable. However, when employers do not take precautions to protect pregnant employees, they are negligent and could be held accountable.

Researchers are still unable to pinpoint the root of the birth defect. It is possible that a combination of factors can trigger the condition. The trick is to evaluate the effects of these factors in real-time. The National Children's Study is important since it is currently in process across several states. The NCS will enroll 100,000 women from a representative population and track them throughout their lives and their children. This study will provide most comprehensive data on the effects of environmental factors on fetal and childhood health.

Many parents suffering from a child's birth defect are resentful that they have contributed to the condition, however it is the norm that these kinds of defects are not a choice. Our birth defect lawyers understand this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

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

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

While the vast majority of birth defects aren't caused by medical negligence, there are occasions when a healthcare professional has been negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medicine that hurts the baby before it's born, or make an error during surgery.

Our birth defect lawyers have successfully pursued cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the chance of her having a child with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers who expose their workers to dangerous chemicals in the workplace.