A Look At The Ugly Facts About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's impossible. When this happens, it's important that parents who are shocked seek the help of experienced birth defects lawyers.

Birth injuries and birth defects could be caused by medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York birth defects law firm can assist.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their region, it's deemed medical malpractice. This might involve failing to perform routine prenatal tests and prescribing a medication that increases the chance of having a birth defect, or making a mistake during labor and delivery.

Birth birth defects and birth injuries are often due to genetic and environmental causes, but sometimes they occur due to medical negligence or malpractice. If a doctor fails detect congenital problems in utero, and then fails not to inform parents that their child is disabled, parents may be eligible to file a claim for wrongful birth seeking compensation for all the expenses that are associated with their disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damage as a result of the injuries. These damages may include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women are provided with the appropriate tests and birth defect attorney monitoring. If you suspect that medical malpractice caused the birth defect of your child you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects can vary in severity and impact the how a child appears and behaves throughout life. Some are minor, but others can cause serious issues and even lead to death.

The reasons for a child's birth defects can be attributed to genetic defects or a variety of chemical and environmental factors. Exposure to toxic chemicals, for instance can trigger serious complications in a newborn. Our firm is committed to holding employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta and harm the unborn baby. These toxins are known as teratogenic. Exposure to these chemicals can cause birth defects like Cleft lips and Birth defect attorney palates spina bifida, spina bifida and muscle dystrophy.

While working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be consumed, inhaled or absorbed into the skin of the body. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the production of semiconductors. Parents can also be exposed toxic substances when they consume certain over-the-counter and prescription drugs. Many medications have not been tested properly on pregnant women and may cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, environmental exposure is also a major cause. Many different toxins and chemicals that are found in the home workplace, food and work environment can increase the risk of a birth defect. Pesticides and fungicides are among the most commonly used. Paints, heavy metals, heavy pigments, and 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 are unable to pin down exactly what causes a particular birth defect. It is possible that a combination 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 representative population and monitor their progress over time and their children. This study will provide the most comprehensive data available on how many environmental factors impact fetal as well as child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the condition, but it is the norm that these kinds of defects are a given. Our birth defect lawyers understand this and are committed to helping families who have children who have birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition which could have been avoided, you may be able to get compensation in a lawsuit for birth defects.

A New York birth defect attorney, go now, can assist you to determine if your child's illness is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses for your child's condition in relation to the severity.

Although the majority of birth defects aren't caused by medical negligence, there are some instances where a healthcare worker was negligent before or during labor and birth. A physician may incorrectly prescribe a medicine that hurts an infant before it is born, or they may make a mistake during surgery.

Our birth defect attorneys have successfully defended cases where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chances that she would give birth to a child with birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers hazardous substances in the workplace.