10 Tips To Know About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's impossible. When that happens it is imperative for parents to seek the assistance of experienced birth defect lawyers.

Birth problems and injuries can be caused by medical malpractice and drugs that are harmful as well as exposure to environmental hazards. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in their field, it's considered medical malpractice. This could include not performing prenatal tests or prescribing medications that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries are usually the result of genetic and environmental causes, but occasionally they arise due to a doctor's negligence or malpractice. For instance the case where a doctor is unable to identify the presence of a congenital defect in utero and fails to inform parents of the condition, parents may file a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the physician 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 losses due to his or her injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are essential to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects may be of different severity and affect the way that children behave, appear and functions. Some are minor while others can cause serious issues that could be fatal.

Birth problems can be caused by genetic disorders or a variety of chemcial and environmental factors. Exposure to harmful chemicals, for example can trigger serious complications in a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or drugs.

In the scientific research, it is known that certain chemicals and toxins may traverse the placenta and affect an unborn child. These chemicals are referred to as teratogenic. These teratogenic chemicals may cause birth defects like lip clefts, palates, and spina bifida.

While working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be inhaled, inhaled or absorbed through the body's skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) which are used in the manufacturing of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been found to cause 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 reason. Numerous different chemicals and toxins that are present in the home as well as in food items can increase the risk of having a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, if companies do not take precautions to protect pregnant employees, they're negligent and may be held accountable.

Researchers are still unable to pinpoint exactly what causes a specific birth defect. It is possible that a combination between a variety of factors could cause the condition, but the problem is evaluating these interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. 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 information to date on how a variety of environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child are resentful believing that they contributed to it. But, these problems are usually unavoidable. Our birth defect lawyers recognize this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. However, many of these causes can be prevented. If your child was born with a medical issue which could have been prevented in the first place, you may be able to claim damages in an action for birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's illness was caused by an exposure to chemicals, medication or another environmental trigger that is a reason to seek compensation. Your legal team can estimate the total cost of medical expenses that are related to your child's illness based on the severity.

Although the majority of birth defects are not caused due to medical negligence, there are some instances when a healthcare professional has been negligent before or during labor and delivery. A physician may incorrectly prescribe a medication which harms an infant before it is born, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers when a mother's medical care provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her having a child with a birth defect. We also have brought birth defect lawsuits against companies that expose employees to dangerous substances in the workplace in a paint factory or semiconductor manufacturing company.