Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's not possible. If this happens, it's crucial parents who are shocked seek the assistance of experienced birth defect lawyers.

Birth problems and injuries can result from medical malpractice, drugs that are dangerous, and environmental exposure. A New York birth defect law firm [Read A great deal more] can help you find answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their region, it's deemed medical malpractice. It could be a failure to perform routine prenatal testing and prescribing a medication that increases the risk of a birth defect, or making a mistake during the birth and delivery.

Birth defects and birth injury are often caused by 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 in utero, and then fails not to inform parents of the problem of the condition, parents might be legally able to file a case for compensation due to a birth defect for all expenses related to their child's disability.

A successful medical malpractice claim in birth defect cases requires that the physician was obligated to the patient to perform a duty of care, that the physician did not fulfill this duty, that the doctor's actions or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damages due to his or her injuries. These damages may include costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects are of various degrees and affect the way that children behave, appear and performs. Some are minor, while others can cause serious problems and even be fatal.

Birth problems can be caused by genetic abnormalities or a variety of environmental and chemcial factors. For example exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

It is well-established in the scientific literature that certain toxins and chemicals can pass through the placenta, affecting an unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals may cause birth defects like Cleft lips and palates as well as spina bifida, and muscular dystrophy.

Many mothers are exposed many toxic chemicals when they are working. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. Parents may also be exposed toxins when they are consuming certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's not the only cause. Numerous different chemicals and toxins that are found in the home as well as in food items can increase the chance of having a birth defect. This includes fungicides and pesticides lead, heavy metals, certain paints and other chemical compounds. Exposure to toxic substances is almost always inevitable. But, when businesses do not take precautions to protect pregnant employees, they're negligent and may be held responsible.

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 analyze these interactions in real time. The National Children's Study is important because it is now underway in several states. The NCS will enroll 100,000 women from a representative population and follow them throughout their lives and also their children. This study will provide the most comprehensive data to date about how various environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty because they believe they contributed to it. However, these defects are not always preventable. Our birth defect lawyers understand this and are dedicated in helping families who have children who have birth defects.

Product Liability

birth defect law firms problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, the majority of these issues can be prevented. If your child was born with a medical issue that could have been avoided and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine if your child's illness is caused by chemical exposure, a medication or any other environmental cause that is a reason to seek compensation. Your legal team can estimate the total cost of medical expenses that are related to your child's illness depending on the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are cases when a healthcare worker was negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication that injures the baby before it is born, Birth Defect Law Firm or make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her child being born with birth defects. We have also filed birth defect lawsuits against companies who expose workers to harmful substances on the job for example, a paint factory or semiconductor manufacturing company.