Birth Defect Litigation: The Good The Bad And The Ugly

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Parents want their children to be perfect however, sometimes that's not always possible. If this happens, it's crucial that parents who are shocked seek the assistance of a seasoned birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of medical care in their area of expertise. This could be due to failing to conduct prenatal testing or prescribing drugs that increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injury are usually caused by genetic and environmental factors, but they can also be a result of an error by a doctor. For instance the case where a doctor is unable to identify a congenital disorder in the uterus and fails to inform parents of the condition, parents may bring a wrongful birth claim seeking compensation for the lifetime costs associated with the disabled child.

To prevail in a medical negligence case in birth defect cases the plaintiff must show that the doctor was bound by a duty of duty to the patient, and that he did not fulfill that duty, that his actions or lack of action directly resulted in injuries and damages and that he or she was a victim of economic and non-economic damages because of the injuries. These damages could include medical expenses, lost wages and emotional stress.

Certain birth injuries and defects can be prevented through timely testing and monitoring during pregnancy. Therefore, it's important for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These defects vary in severity and impact how a child appears, behaves and performs in life. Some are minor, but others can cause serious problems and even be fatal.

The reasons for a child's birth defects could be due to genetic disorders or a variety of chemical and environmental factors. Exposure to toxic chemicals, for example can trigger serious complications in the newborn. Our company is committed to ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

It is well-established in scientific research that certain toxins and chemicals can cross the placenta and harm the unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals can cause birth defects like the cleft lip and palate as well as spina bifida, and muscular dystrophy.

Many mothers are exposed a wide variety of toxic chemicals while working. These chemicals can be inhaled, inhaled or absorbed into the skin of the body. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the production of semiconductors. These toxins can also be ingested by parents when they take certain prescription and over-the-counter drugs. A lot of pharmaceuticals haven't been adequately tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also play a role. A variety of toxins and chemicals found in the home workplace, food and work environment can increase the likelihood of having a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints and other chemical substances. Exposure to these toxins is often inevitable. However, when companies fail to protect pregnant workers they're negligent and may be held accountable.

Researchers are still trying to determine the exact cause of a birth defect. It could be that a combination of factors can cause the condition. The next step is to analyze the interactions 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 representative population and monitor their progress over time as well as their children. This study will provide the most complete information to date on how various environmental factors affect 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 usually unavoidable. Our birth defect lawyers understand this and are dedicated to helping families seek 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. However, many of these issues can be prevented. If your child was born with a medical condition that could have been prevented and you are entitled to claim damages in a birth defect lawsuit.

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

Although the vast majority are not the result of medical negligence There have been instances where a doctor has been negligent during or prior to labor and birth. A doctor might prescribe a medication in a way that causes harm to a baby even before birth, or even make an error in surgery.

Our birth defect attorneys defect lawyers have successfully brought lawsuits against drug makers in cases where a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child with birth defect. We have also filed birth defect lawsuits against paint factories and semiconductor producers who expose their workers to toxic chemicals while at work.