Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

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

Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to perform routine prenatal testing or prescribing medications that increase the likelihood of birth defect or making a misstep during the birth and delivery.

Birth defects and birth injuries are often caused by environmental and genetic causes, but they can also be a result of a doctor's negligence. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to inform parents of the condition, parents might be in a position to file a lawsuit for compensation due to a birth defect for all the costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act caused injuries and damages and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Prenatal visits are crucial to ensure that pregnant women receive the proper testing and monitoring. If you suspect that the birth defect of your child is the result of medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect in the United States. These birth defects can range in severity and affect how a child appears, acts and functions in life. Some are minor, whereas others can cause serious issues and even be fatal.

The causes of a child's birth defects can be attributed to genetic defects or a range of chemical and environmental factors. Exposure to toxic chemicals, for instance, can cause serious complications in the newborn. Our firm is committed to holding employers accountable for exposed 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 teratogenic. These teratogenic chemicals may cause birth defects like cleft lips, palates and spina bifida.

While working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. Parents may be exposed to these toxins when they are consuming certain prescription or over-the-counter medications. This is due to the fact that many drugs are not adequately tested on pregnant women and have been proven 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. A variety of toxins and chemicals found in our homes workplace, food and work environment can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most frequent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is generally inevitable. If companies fail to safeguard their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still unable determine exactly what causes a specific birth defect. It is possible that a combination of factors can trigger the condition. The next step is to study these interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from a representative population and follow their progress over time as well as their children. This study will provide the most complete data to date on how many environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty because they believe they are responsible for it. However, these defects are not always preventable. Our birth defect lawyers know this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

birth Defect lawsuit problems can be caused by a variety of causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, most of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to seek compensation through an action for birth defects.

A New York birth defect attorney will be able help you determine if your child's condition is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical expenses that are related to your child's illness based on the severity.

Although the majority of birth defects are not caused due to medical negligence, there are instances when a healthcare worker was negligent before or during labor and birth. A doctor could prescribe a medication incorrectly that harms a baby even before birth, or may make an error during surgery.

Our birth defect attorneys have successfully defended cases where a mother's health medical professional was exposed to 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 employees to dangerous chemicals at work, such as a paint factory or semiconductor birth Defect lawsuit manufacturing company.