5 Laws Anybody Working In Birth Defect Litigation Should Know

Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's not possible. When that happens, it is essential that stunned parents seek out the assistance of skilled Birth Defect Law Firms (Devfo.Masitdak.Com) defect lawyers.

Birth injuries and birth defects can be caused by medical malpractice or drugs that pose a risk and exposure to environmental factors. A New York birth defect law firm can provide answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This could mean failing to conduct routine prenatal testing and prescribing a medication that increases the likelihood of a birth defect or making a mistake during the birth and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic causes, however, they could also be caused by the negligence of a physician. For instance in the event that a physician fails to detect an inborn disability and fails to notify parents of this condition, parents may file a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor owed a duty of duty to the patient, that he failed to fulfill the duty, that his actions or inaction action directly resulted in damages and injuries, and that the plaintiff suffered economic and non-economic losses as a result of the injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some type of birth defect in the United States. These birth defects are of various degrees and impact the way the child behaves, looks and performs. Some are minor, while others can cause serious issues that could be fatal.

Birth birth defects can be caused by genetic defects or a range of environmental and chemcial factors. For example, exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or medications.

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

Many mothers are exposed to an array of toxic chemicals when they are at work. These chemicals can be breathed in, 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. These toxins can also be ingested by parents when they consume certain prescription and over-the-counter drugs. Many drugs have not been thoroughly tested 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 reason. Numerous different chemicals and toxins that are present in the home, workplace and food can increase the chance of having a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. But, when businesses do not take precautions to protect pregnant employees, they are negligent and can be held accountable.

Researchers are unable to pinpoint exactly what causes a particular birth defect. It is possible that a combination of factors may cause the condition. The problem is to analyze the interactions in real-time. The National Children's Study is important because it is now underway in a variety of states. The NCS will enroll 100,000 women from a representative population and follow their progress over time, as well as their children. This study will provide the most comprehensive data available on how different environmental factors impact fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the disorder, but it is often the case that these kinds of defects are a given. Our birth defect lawyers are aware of this and are committed to helping families whose children are born with birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. However, many of these causes are preventable. If your child was born with a medical issue that could have been prevented and you are entitled to claim damages in a birth defect lawsuit.

A New York birth defect attorney can assist you to determine if your child's problem is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness the legal team will be able to estimate the full cost of the medical bills that are suitable for compensation.

While the majority of cases are not the result of medical negligence there are instances where a doctor was negligent prior to or during labor and birth. A physician may incorrectly prescribe a medicine that hurts the baby before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully defended claims against drug manufacturers in which 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 also have brought birth defect lawsuits against companies who expose workers to harmful substances at work for example, a paint factory or semiconductor manufacturing company.