The 10 Scariest Things About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not possible. When that becomes a reality, it is essential for parents to seek out the assistance of skilled birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

If a physician fails to adhere to the accepted standard of practice in their field, it's considered medical malpractice. This might involve failing to conduct routine prenatal tests and prescribing a medication that increases the chance of having a birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries are usually caused by environmental and genetic factors, however, they could also be the result of the negligence of a doctor. If a doctor fails detect congenital disabilities during pregnancy, and then fails not to inform parents they may be eligible to file a claim for wrongful birth seeking compensation for all the costs related to their child's disability.

A successful medical malpractice claim in birth defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's actions or inability to act led directly to injuries and damages, and that the victim suffered economic and non-economic losses due to the injuries. These damages may include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided through timely testing and lawyers monitoring during pregnancy. Therefore, it's essential for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you suspect that medical malpractice caused the birth defect of your child Contact a medical negligence and birth injury attorney immediately.

Toxic Chemicals

In the United States, lawyers thousands of babies are born each year with a birth defect. These defects vary in severity and impact the how a child appears, acts and functions in life. Some are minor, but others can cause serious issues that could be fatal.

The causes of birth defects can be attributed to genetic disorders or a variety 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 the scientific research, it is known that certain chemicals and toxins may traverse the placenta and affect an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects such as lip clefts, palates, and spina bifida.

Many mothers are exposed a wide variety of harmful chemicals when they are working. They can be inhaled or inhaled through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the production of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription or over-the-counter medications. Many drugs have not been tested properly on pregnant woman and have resulted in 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. A variety of toxins and chemicals found in our homes or workplace can increase the chance of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant workers they are negligent and could be held accountable.

Researchers aren't able to pinpoint exactly what causes a specific birth defect. It is possible that a mix of factors can trigger the condition. The challenge is to assess the effects of these factors in real-time. The National Children's Study is important because it is now underway in a variety of states. The NCS will enroll 100,000 women from representative population and follow them throughout their lives as well as their children. This study will provide the most comprehensive data to date about how many environmental factors affect fetal and child health.

Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it's often the case that these kinds of issues are inevitable. Our birth defect lawyers understand this and are committed to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes are preventable. If your child was diagnosed with a medical condition which could have been avoided or prevented, you might be able to recover damages in lawsuits for birth defects.

A New York birth defect attorney will be able to help you determine if your child's illness is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition, your legal team will also be able calculate the total cost of medical bills suitable for compensation.

Although the majority of birth defects are not caused by medical negligence, there are cases where a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor may prescribe a medicine incorrectly, which could harm a baby, even before the birth, or make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers when a mother's medical healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child born with birth defects. We also have filed birth defect lawsuits against semiconductor and paint factories that expose their workers harmful chemicals in the workplace.