Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not feasible. When that becomes a reality it is crucial that stunned parents seek the assistance of experienced birth defect lawyers.

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

Medical Malpractice

Medical negligence occurs when a doctor does not adhere to the accepted standards of care in his or her field. This could include failing to conduct routine prenatal testing or prescribing medications that increase the chance of having a birth defect or making a misstep during labor and birth.

Birth birth defects and birth injuries are often the result of genetic and environmental factors, but sometimes they are caused by the negligence or malpractice of a doctor. If a doctor fails detect congenital problems in utero and fails to inform parents that their child is disabled, parents may be eligible to file a claim for wrongful birth seeking compensation for all costs associated with their disabled child.

To prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor owed a breach of care to the patient, that he failed to fulfill that duty, that his actions or inaction action directly resulted in injuries and damages and that he suffered economic and noneconomic damages due to the injuries. These damages may include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth injuries and defects can be prevented with timely testing and monitoring during pregnancy. Therefore, it's vital for pregnant women adhere to their doctor's recommendations about prenatal visits. If you believe that your child's birth defect is the result of medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects are of various degrees and impact the way a child acts, looks and performs. Some are minor and birth defect lawsuit others can lead to serious issues that could be fatal.

Birth defects can result from genetic disorders or a variety of chemcial and environmental causes. For example exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies to harmful substances or drugs.

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

While they are working, many mothers are exposed to a range of harmful chemicals. These chemicals can be consumed or inhaled, or absorbed by the skin. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents may be exposed to these poisons when they consume certain prescription or over-the-counter medications. Many drugs have not been adequately tested on pregnant women and have led to birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of a variety of toxins and chemical compounds in the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides and lead, as well as heavy metals, some paints and many other chemical compounds. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.

Researchers have yet to pinpoint the specific cause of a birth defect. It is possible that a variety of factors can cause the condition. The challenge is to analyze the effects of these factors in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enroll 100,000 women from representative populations as well as follow them and their children over the long term. This study will provide the most comprehensive information to date on how many environmental factors affect fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they caused it. But, these problems are not always preventable. Our birth defect lawyers understand Birth Defect Lawsuit this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth defects are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, most of these causes can be prevented. If your child was born with a medical condition that could have been avoided, you may be entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's problem is caused by a medication, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical bills related to your child's condition according to the severity.

While the vast majority of birth defects aren't caused by medical negligence, there are occasions where a healthcare worker has been negligent prior to or during labor and birth. A doctor may prescribe a medication which harms the baby before it's born, or commit a mistake during surgery.

Our birth defect attorneys have successfully pursued allegations that a mother's health care provider was exposed to toxic chemicals or prescription drugs which increased the risk that she could give birth to a child suffering from birth defects. We also brought birth defect lawsuits against companies that expose workers to dangerous chemicals while working in a paint factory or semiconductor manufacturing companies.