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. When this happens, it's essential parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in their field, it's considered medical malpractice. This could mean failing to conduct prenatal testing, prescribing medications that increase the chance of birth defects or making a mistake during labor and delivery.

Birth birth defects and birth injuries are often the result of genetic and environmental causes, but occasionally they are caused by medical negligence or malpractice. If a physician fails to detect congenital problems in utero, and then fails not to inform the parents they may be eligible to file a claim for wrongful birth seeking compensation for all expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the physician did not fulfill this duty, that the doctor's actions or inability to act directly led to injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages could include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth injuries and defects can be prevented by timely testing and monitoring during pregnancy. It's crucial for pregnant women to adhere to their doctor's recommendations regarding prenatal visits. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect how a child appears, behaves and performs in life. Some are minor, while others can cause serious issues that could be fatal.

The causes of a child's birth defects may be due to genetic anomalies or a wide range of environmental and chemical factors. For example, exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or medications.

In scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta to affect the unborn child. These toxins are known as teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as the cleft palate and lips as well as spina Bifida and muscular dystrophy.

While working, many mothers are exposed to a range of harmful chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the production of semiconductors. Parents may also be exposed to these chemicals when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, exposure to environmental factors is also a major factor. The presence of many different chemical compounds and toxins in the workplace, at home and birth defects in food items can increase the risk of birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. However, if companies fail to protect pregnant employees they are negligent and can be held accountable.

Researchers are still trying to find the specific cause of a birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the challenge is evaluating these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a representative populations and will follow them over time and also their children. This study will provide the most comprehensive data to date on how many environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child feel guilty and believe that they were responsible for the defect. However, these birth defects are usually inevitable. Our birth defect lawyers understand this and are dedicated to helping families seek justice for children suffering from birth defect law firm defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be prevented. If your child was born with a medical issue that could have been prevented and you are entitled to recover damages through an action for birth defects.

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

Although the majority of birth defects are not caused by medical negligence, there are instances where a doctor or healthcare worker was negligent prior to or during labor and birth. A doctor might incorrectly prescribe a medicine that hurts a baby before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully brought cases against drug companies in which a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child being born with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers to harmful chemicals when they work.