Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's impossible. If this happens, it's vital that parents who are shocked seek the help of experienced birth defects lawyers.

Birth injuries and birth defects could be caused by medical malpractice and dangerous drugs as well as exposure to environmental hazards. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in their area, it is deemed medical malpractice. It could be a failure to perform routine prenatal testing or prescribing medications that increase the chance of having a birth defect or committing a lapse during the birth and delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors but they can also be a result of the negligence of a physician. For instance the case where a doctor is unable to identify the presence of a congenital defect in utero and fails to notify parents of the condition, parents may file a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.

In order to prevail in a medical malpractice claim in birth defect cases the plaintiff must show that the doctor owed a breach of duty to the patient, and that he violated this duty, that his actions or inaction action directly resulted in damage and injuries, and that the plaintiff suffered economic and noneconomic damage from the injuries. These damages could include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These birth defects can range in severity and affect way a child looks, acts and functions in life. Some are minor while others can lead to serious issues that could be fatal.

Birth defects can result from genetic anomalies or a range of chemcial and environmental causes. Exposure to toxic chemicals, for example could cause serious problems in the infant. Our firm is committed to ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.

It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta to affect the unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals can cause birth defects like cleft lips, palates and spina bifida.

While working, mothers are exposed of harmful chemicals. They can be ingested or inhaled through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) which are used in the production of semiconductors. These toxic substances can also be consumed by parents while they are taking certain over-the counter and prescription drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only cause. Numerous different chemicals and toxins that are present in the home workplace, food and work environment can increase the risk of having a birth defect. Pesticides and fungicides are among the most common. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is generally inevitable. But, when businesses fail to safeguard pregnant employees, they are negligent and could be held responsible.

Researchers are still trying to determine the exact cause of a birth defect. It could be that an interaction between multiple factors may cause the problem, but the issue is assessing these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from a variety of populations and monitor them and their children over the long-term. This study will provide the most comprehensive data available on how different environmental factors affect fetal and child health.

Many parents suffering from a child's birth defect are resentful that they have contributed to the problem, but it is the norm that these kinds of defects are a given. Our birth defect attorneys understand this and are dedicated in helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to recover damages in a lawsuit for birth defects.

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

While the vast majority of birth defects are not caused due to medical negligence, there are some instances where a healthcare professional has been negligent before or during labor and delivery. A doctor could prescribe a medicine incorrectly, housesofindustry.org which causes harm to a baby even before birth, or make an error in surgery.

Our birth defect attorneys have successfully litigated allegations that a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chances that she will give birth to a child who has birth defects. We also have brought birth defect lawsuits against companies that expose workers to dangerous chemicals on the job for example, a paint factory or semiconductor manufacturing company.