Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's not feasible. When that happens it is vital that stunned parents seek the help of experienced birth defect lawyers.

Birth injuries and birth defects could be caused by medical negligence and dangerous drugs or exposure to environmental toxins. 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 perform routine prenatal testing, prescribing medication that increases the likelihood of a birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries are usually caused by environmental and genetic causes, however, they could also be a result of a doctor's negligence. For instance the case where a doctor fails to recognize a congenital disorder in the uterus and fails to inform parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifetime expenses incurred by the disabled child.

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 failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages might include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are crucial to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with some form of birth defect in the United States. These birth defects can vary in severity and impact the how a child appears and behaves in life. Some are minor, while others can cause serious problems and [empty] even be fatal.

Birth defects can result from genetic defects or a range of chemcial and environmental factors. Exposure to toxic chemicals, for instance can trigger serious complications in babies. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

It is well-established in the scientific research that certain toxins and chemicals can cross the placenta and harm the unborn baby. These toxins are referred to as teratogenic. Teratogenic chemicals can cause birth defects such as cleft lips, palates and spina bifida.

Many mothers are exposed to many harmful chemicals when they are at work. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed poisons when they consume certain prescription or over-the-counter medications. Many pharmaceuticals have not been tested properly on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's far from the only one. Many different toxins and chemicals found in the home as well as in food items can increase the chance of having a birth defect. This includes fungicides, pesticides and lead, as well as heavy metals, some paints and various chemical compounds. Exposure to these toxic substances is almost always inevitable. But, when businesses do not take precautions to protect pregnant employees they're negligent and could be held accountable.

Researchers aren't able to determine exactly what causes a specific birth defect. It could be that an interaction between a variety of factors could cause the condition, but the challenge is evaluating the effects of these interactions in real time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100,000 women from a representative population and monitor them over time and their children. This study will provide complete information on the effects of environmental factors on the health of children and fetuses.

Many parents who suffer from a birth defect in their child are resentful and believe that they contributed to it. However, these birth defects are often unavoidable. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Birth defects are caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, most of these causes can be prevented. If your child was born with a medical condition that could have been prevented, you may be entitled to claim damages through a birth defect lawsuit.

A New York birth defect lawyer (Article) can assist you determine if your child's condition was caused by chemical exposure, a drug or other environmental factor that is eligible for compensation. Depending on the severity of your child's health condition your legal counsel will also be able to determine the full cost of the associated medical bills that are admissible for compensation.

Although the majority of birth defects are not caused due to medical negligence, there are instances in which a doctor or healthcare worker has been negligent prior to or during labor and birth. A doctor could prescribe a medicine incorrectly, which harms a baby even before birth, or make an error during surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers when a mother's medical care provider has been exposed to prescription medication or toxic chemicals that increase the chance of her having a child born with birth defect. We also have brought birth defect lawsuits against paint factories and semiconductor manufacturers who expose their workers to hazardous substances at work.