"The Ultimate Cheat Sheet" For Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's impossible. When that happens it is imperative that stunned parents seek out the assistance of skilled birth defect lawyers.

Birth injuries and birth defects can result from medical malpractice or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could be due to not performing prenatal tests and prescribing medicines that increase the risk of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries are often caused by environmental and genetic factors, but they can also be caused by an error by a doctor. For instance in the event that a physician fails to recognize a congenital disorder in the uterus and fails to inform the parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the lifelong expenses associated with the handicapped child.

To win a medical negligence case in birth defect cases the plaintiff must show that the doctor owed a breach of duty to the patient, and that he violated the duty, that his actions or inaction action directly caused damage and injuries, and that the patient was a victim of economic and non-economic damages as a result of the injuries. These damages might include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the required tests and monitoring. If you believe that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These birth defects may be of different severity and affect the way that a child acts, looks and performs. Some are minor and others can lead to 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 toxic chemicals, for instance could cause serious problems in a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or drugs.

In the scientific literature, it has been established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These toxins are known as teratogenic. The exposure to these teratogenic chemicals can cause birth defects like Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed many toxic chemicals while they are at work. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the fabrication of semiconductors. Parents may also be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. This is because many pharmaceuticals aren't 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, environmental exposure is also a major birth defect law firm factor. The presence of a variety of chemicals and toxins at the workplace, at home and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most prevalent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is generally inevitable. However, if companies fail to protect pregnant workers, they are negligent and could be held responsible.

Researchers are still unable identify the exact cause of a specific birth defect. It could be that an interaction between a variety of factors could cause the condition, but the problem is evaluating the 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 population and follow them throughout their lives and also their children. This study will provide the most comprehensive data to date on how different environmental factors influence fetal and child health.

Many parents suffering from a child's birth defect feel guilty that they somehow contributed to the condition, however it is the norm that these kinds of problems are inevitable. Our birth defect lawyers understand this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and birth defect law firm alcohol use during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was diagnosed with a medical condition that could have been prevented it is possible to claim damages in an action for birth defects.

A New York birth defect lawyer can help you determine if your child's condition was caused by chemical exposure, a medication or any other environmental cause that is a reason to seek compensation. Depending on the severity of your child's health condition, your legal team will be able to estimate the full cost of the associated medical bills that are suitable for compensation.

While the vast majority of birth defects are not caused by medical negligence, there are occasions where a doctor or healthcare worker was negligent before or during labor and birth. A doctor may prescribe a medication in a way that causes harm to a baby even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully litigated claims in which a mother’s health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she will give birth to a child suffering from birth defects. We have also brought birth defect lawsuits against companies who expose workers to dangerous substances in the workplace in a paint factory or semiconductor manufacturing company.