Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's not possible. When this happens, it's vital that parents who are stunned seek the assistance of experienced birth defects lawyers.

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

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their field. This might involve failing to conduct routine prenatal testing or prescribing medication that increases the likelihood of birth defect or making a mistake during labor and birth.

Birth defects and birth injury are usually caused by environmental and genetic causes, but they can also be a result of the negligence of a physician. If a physician fails to detect congenital problems in utero, and then fails not to inform parents, the parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all the costs for their child's disabilities.

To prevail in a medical malpractice lawsuit in birth defect cases the plaintiff has to prove that the doctor was in breach of a duty of duty to the patient, and that he did not fulfill this duty, that his actions or inaction action directly resulted in damages and injuries and that he was a victim of economic and non-economic damages due to the injuries. These damages could include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth injuries and defects are preventable by timely testing and monitoring during pregnancy, so it's crucial for pregnant women to follow their doctors' recommendations about prenatal visits. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects can be of various severity and impact the way the child behaves, looks and performs. Some are minor while others can lead to serious issues that could be fatal.

The reasons for a child's birth defects may be due to genetic disorders or a variety of environmental and chemical factors. Exposure to toxic chemicals, for example could cause serious problems in the infant. Our company is committed to making employers 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 as well as chemicals can pass through the placenta and harm the unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals may cause birth defects such as Cleft lips and palates, spina bifida and muscular dystrophy.

Many mothers are exposed an array of toxic chemicals while they are at work. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the manufacturing of semiconductors. Parents can also be exposed to these poisons when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defect law firms defects. Genetic disorders are a common cause but it's not the only reason. Numerous different chemicals and toxins that are present in the home or workplace can increase the risk of a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers aren't able to pin down exactly what causes the birth defect in a specific way. It is possible that a combination with multiple factors could trigger the condition, but the problem 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 representative populations and will follow them throughout their lives and their children. This study will provide the most complete information to date on how various environmental factors impact fetal as well as child health.

Many parents suffering from a child's birth defect feel guilty that they may have contributed to the problem, but it's usually the case that these types of defects are unavoidable. Our birth defect lawyers know this and are committed to helping families seek justice for children suffering from birth defects.

Product Liability

Birth problems can be caused by many causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, Birth Defect law firm a lot of these causes are preventable. If your child was born with a medical issue that could have been avoided in the first place, you may be able to compensation through an action for birth defects.

A New York birth defect attorney can help you determine if your child's problem is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills for your child's condition according to the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases in which a doctor or healthcare worker was negligent prior to or during labor and birth. A doctor could prescribe a medication that harms a baby even before birth, or make an error in surgery.

Our birth defect lawyers have successfully defended claims where a mother's health care provider was exposed toxic chemicals or prescription drugs, increasing the likelihood that she could give birth to a child with birth defects. We have also filed birth defect lawsuits against companies that expose employees to dangerous substances at work, such as a paint factory or semiconductor manufacturing companies.