Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's impossible. If this happens, it's important parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Birth injuries and birth defects can be caused by medical malpractice and drugs that are harmful or exposure to environmental toxins. A New York birth defects law firm can help.

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of medical care in their field. This might involve failing to conduct routine prenatal testing or prescribing medication that increases the risk of a birth defect or making a misstep during labor Birth Defect Lawyers and birth.

Birth birth defects and birth injuries can be due to genetic and environmental causes, but sometimes they occur due to a doctor's negligence or malpractice. If a doctor fails to detect congenital problems in utero and fails to inform the parents of the condition, parents might be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all the costs for their child's disabilities.

In order to prevail in a medical malpractice lawsuit in birth defects the plaintiff must show that the doctor owed a breach of duty to the patient, that he failed to fulfill that duty, that his actions or inaction action directly led to damages and injuries and that the patient suffered economic and noneconomic damages as a result of the injuries. These damages could include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the proper tests and monitoring. If you suspect that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects vary in severity and impact the way that a child appears, behaves and performs in life. Some are minor and others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic defects or a range of chemcial and environmental factors. Exposure to harmful chemicals, for instance can trigger serious complications in the infant. Our firm is committed to holding employers accountable for the exposure of pregnant women and newborn babies to harmful substances or medications.

In the scientific research, it is known that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals could cause birth defects like lips, palates, and clefts as well as spina bifida.

Many mothers are exposed a wide variety of toxic chemicals while they are at work. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) used in the production of semiconductors. Parents may also be exposed toxic substances when they consume certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major cause. The presence of many different chemical compounds and toxins in the home, at work and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. However, when companies do not take precautions to protect pregnant employees, they're negligent and could be held accountable.

Researchers aren't able to determine exactly what causes the birth defect in a specific way. It is possible that a combination of factors could cause the condition. The challenge is to assess the effects of these factors in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from diverse populations as well as follow them and their children over the long-term. This study will provide comprehensive information about how environmental factors impact the health of infants and children.

Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the disorder, but it is the norm that these types of defects are a given. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, many of these issues can be prevented. If your child was diagnosed with a medical condition which could have been avoided and prevented, you could be able to claim damages in an action for birth defects.

A New York birth defect attorney will be able to help you determine if the condition of your child is due to the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical expenses related to your child's condition according to the severity.

Although the majority of birth defects aren't caused by medical negligence, there are some instances when a healthcare professional has been negligent before or during labor and birth. A doctor may prescribe a medication in a way that harms a baby even before birth, or may make an error in surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug companies when a mother's medical care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child developing a birth defect. We have also brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers to toxic chemicals while during their work.