Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not always possible. When this happens, it's important that parents who are stunned seek the assistance of a seasoned birth defects lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of care in his or her area of expertise. It could be a failure to perform routine prenatal tests and prescribing a medication that increases the chance of having a birth defect or making a misstep during the birth and delivery.

Birth birth defects and birth injuries are usually caused by genetic and environmental factors, but sometimes they arise due to the negligence or malpractice of a doctor. If a doctor fails detect congenital defects in utero, and then fails not to inform parents of the problem they may be eligible to file a claim for wrongful birth seeking compensation for all costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the doctor violated that duty, the doctor's actions or inability to act caused injuries and damages, and that the victim was harmed economically and non-economically due to his or her injuries. These damages could include medical bills as well as lost wages and emotional stress.

Prenatal visits are necessary to ensure that pregnant women receive the required tests and monitoring. If you believe that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects vary in severity and impact the way a child looks and behaves throughout life. Some are minor, but others can cause serious issues that could be fatal.

The causes of birth defects could be due to genetic disorders or a variety of chemical and environmental factors. Exposure to toxic chemicals, for instance causes serious complications in the newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or medications.

It is well-established in the scientific literature that certain toxins and chemicals can cross the placenta to affect the unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals may cause birth defects such as the cleft palate and lips as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to many harmful chemicals when they are working. These chemicals can be consumed or inhaled, or absorbed by the skin. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These toxins can also be ingested by parents when they consume certain prescription and over-the-counter 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 one of the most frequent causes of birth defects, environmental exposure can also be a significant factor. The presence of various chemical compounds and toxins in the home, at work and in food can increase the risk of birth defects. These include fungicides, pesticides, lead, heavy metals, certain paints, and various chemical compounds. Exposure to these toxins is almost always inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the precise cause of a birth defect. It is possible that an interaction between several factors can cause the condition, but the difficulty 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 variety of populations and will follow them and their children for the long term. This study will provide the most comprehensive data to date on how a variety of environmental factors impact fetal and child health.

Many parents who have a birth defect in their child feel guilty, believing that they contributed to it. However, these issues are often unavoidable. Our birth defect attorneys understand this and are dedicated in helping families whose children are born with birth defects.

Product Liability

Birth defects are caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to seek compensation through lawsuits for birth defects.

A New York birth defect attorney will be able help you determine if the condition of your child is due to an illness, chemical or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness based on the severity.

Although the majority of birth defects aren't caused due to medical negligence, there are cases in which a doctor or healthcare worker was negligent before or during labor and delivery. A physician may incorrectly prescribe a medication that injures the baby before it is born, or make an error during surgery.

Our birth defect lawyers have successfully litigated cases where a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chances that she could give birth to a baby with birth defects. We also have brought birth defect lawsuits against companies that expose employees to hazardous substances in the workplace in a paint factory or semiconductor manufacturing company.