The Ugly The Truth About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes impossible. When that becomes a reality it is imperative that stunned parents seek the assistance of experienced birth defect lawyers.

Birth problems and injuries can be caused by medical negligence, drugs that are dangerous or exposure to environmental toxins. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their field. This could include failing to perform prenatal testing and prescribing medicines that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries are often due to genetic and environmental causes, however sometimes they occur due to an error or negligence of a physician. If a doctor fails detect congenital disabilities during pregnancy and fails to inform the parents they may be able to file a claim for compensation due to a birth defect for all the costs related to their child's disability.

A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty to the patient of care, that the doctor did not fulfill this duty, that the doctor's actions, or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These defects vary in severity and impact way that a child appears, behaves and performs in life. Some are minor, while others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for instance could cause serious problems in the newborn. Our firm is committed to holding employers accountable for birth defect lawyers exposed pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in scientific research that certain toxins as well as chemicals can pass through the placenta to affect the unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects such as cleft lips, palates and spina Bifida.

Many mothers are exposed a wide variety of harmful chemicals when they are at work. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. Parents may be exposed to these chemicals when they consume certain prescription and over-the counter drugs. Many pharmaceuticals have not been tested properly on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's not the only one. The presence of a variety of chemical compounds and toxins in the workplace, at home and in food can increase the risk of developing birth defects. These include pesticides, fungicides, lead, heavy metals, some paints and other chemical compounds. Exposure to these toxic substances is often inevitable. However, when companies fail to protect pregnant workers they're negligent and could be held responsible.

Researchers are still trying to find the exact cause of a birth defect. It could be that an interaction between several factors can cause the condition, but the difficulty is assessing the effects of these interactions in real time. The National Children's Study is important because it is in progress in a number of states. The NCS will enroll 100,000 women from a representative populations and will follow their progress over time, as well as their children. This study will provide the most comprehensive data available on how various environmental factors impact fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they caused it. However, these issues are not always preventable. Our birth defect lawyers know this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, many of these issues can be prevented. If your child was born with a medical issue that could have been avoided, you may be entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine whether your child's condition is the result of chemical exposure, a drug or another environmental trigger that is eligible for compensation. Depending on the degree of your child's illness your legal team will be able to estimate the full cost of the associated medical expenses that are admissible for compensation.

While the vast majority of birth defects are not caused due to medical negligence, Birth defect lawyers there are some instances in which a doctor or healthcare worker was negligent prior to or during labor and birth. A doctor might prescribe a medication that harms a baby even before the birth, or make an error during surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers in cases where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child with birth defect. We have also filed birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers dangerous chemicals in the workplace.