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 possible. If this happens, it's essential that parents who are stunned seek the assistance of a seasoned birth defect lawyers.

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

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of care in his or her area of expertise. This could include failing to perform prenatal testing, prescribing medications that increase the chance of birth defects, or making an error during labor and birth.

Birth birth defects and birth injuries are often caused by genetic and environmental factors, but sometimes they arise due to a doctor's negligence or malpractice. If a doctor fails to detect congenital disabilities in utero, and then fails not to notify parents they may be able to file a claim for wrongful birth seeking compensation for all costs associated with their disabled child.

To prevail in a medical negligence case in birth defects the plaintiff has to prove that the doctor was in breach of a duty of care to the patient, and that he did not fulfill this duty, that his actions or lack of action directly resulted in injuries and damages and that the patient suffered economic and noneconomic damages because of the injuries. These damages could include medical bills, lost wages and emotional distress.

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

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect in the United States. These defects vary in severity and impact way a child looks and behaves in life. Some are minor, but others can cause serious issues that could be fatal.

The reasons for a child's birth defects can stem from genetic abnormalities or a range of environmental and chemical factors. Exposure to harmful chemicals, for instance, can cause serious complications in babies. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or drugs.

In scientific literature, it is established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These toxins are called teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.

While working, mothers are exposed to a range of harmful chemicals. These chemicals can be consumed or inhaled through the body's skin. These chemicals include industrial solvents like EGE, Birth defect lawsuits ethylene glycol ethers (EGE) used in the production of semiconductors. Parents may also be exposed toxins when they are consuming certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been thoroughly tested on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of a variety of chemicals and toxins at the workplace, at home and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, when companies fail to protect pregnant workers, they are negligent and could be held responsible.

Researchers are still unable pin down exactly what causes the specific birth defect. It is possible that a combination of factors may cause the condition. The next step is to study the effects of these factors in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from representative population and track them throughout their lives and their children. This study will provide the most complete data to date on how different environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child feel guilty, believing that they were responsible for the defect. But, these problems are often unavoidable. Our birth defect attorneys are aware of this and are committed to helping families who have children with birth defects.

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. However, many of these causes can be prevented. If your child was born with a medical condition that could have been avoided and you are entitled to compensation through an action for birth defects.

A New York birth defect attorney can assist you to determine if your child's problem is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's health condition, your legal team will also be able to determine the total cost of associated medical bills that are suitable for compensation.

While the vast majority of birth defects are not caused by medical negligence, there are occasions where a healthcare worker has been negligent before or during labor and birth. A physician may incorrectly prescribe a medication which harms an infant before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers in which a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child with a birth defect. We have also brought birth defect lawsuits (please click the next site) against companies who expose workers to dangerous chemicals at work for example, a paint factory or semiconductor manufacturing company.