Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not always possible. If this happens it is crucial for parents to seek the help of seasoned birth defect lawyers.

Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in their field, it's considered medical malpractice. This could include failing to perform prenatal testing and prescribing medicines which increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries can be caused by environmental and genetic causes, however, they could also be the result of a doctor's negligence. For instance in the event that a physician does not recognize the presence of a congenital defect in utero and then fails to notify parents of this disability, the parents can file a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff has to prove that the doctor owed a breach of care to the patient, that he breached the duty, that his actions or lack of action directly caused damage and injuries, and that the plaintiff suffered economic and noneconomic damage from the injuries. These damages could include medical bills as well as lost wages and emotional distress.

Certain birth injuries and defects can be prevented through timely testing and monitoring during pregnancy, birth defect law firm so it's important for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you suspect that medical malpractice caused the birth defect of your child you should contact a medical malfeasance 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 how a child appears and behaves throughout life. Some are minor while others can cause serious issues that could be fatal.

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

In the scientific research, it is known that certain chemicals and toxins can cross the placenta to affect an unborn child. These toxins are referred to as teratogenic. The exposure to these teratogenic chemicals could cause birth defects, such as the cleft palate and lips as well as spina bifida, and muscular dystrophy.

Many mothers are exposed various toxic chemicals while they are at work. These chemicals can be consumed, inhaled or absorbed into the skin of the body. These chemicals include industrial solvants like ethylene glycol-ethers (EGE), which are used in the manufacturing of semiconductors. Parents can also be exposed to these chemicals when they consume certain prescription and over-the counter drugs. Many medications have not been adequately tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also play a role. Many different toxins and chemicals that are found in the home, workplace and food can increase the risk of a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints and many other chemical substances. Exposure to toxic substances is nearly always inevitable. However, if companies fail to safeguard pregnant employees, they're negligent and may be held responsible.

Researchers are still unable to pinpoint the specific cause of a birth defect. It is possible that a combination of factors can cause the condition. The problem is to assess the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enrol 100 women from the representative population as well as follow them and their children for the long-term. This study will provide the most complete data to date about how various environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt, believing that they were responsible for the defect. However, these issues are not always preventable. Our birth defect lawyers understand this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of causes 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 issue that could have been prevented and you are entitled to compensation through a birth defect lawsuit.

A New York birth defect lawyer can help you determine if your child's condition was caused by chemical exposure, a medication or any other environmental cause that is eligible for compensation. Depending on the degree of your child's illness your legal counsel will also be able to calculate the total cost of associated medical bills that are qualified for compensation.

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

Our birth defect attorneys have successfully pursued claims in which a mother’s health care provider was exposed to prescription drugs or toxic chemicals which increased the chance that she could give birth to a child with birth defects. We also brought birth defect lawsuits against companies that expose workers to dangerous chemicals at work like a paint factory or semiconductor manufacturing company.