The 10 Most Scariest Things About Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's not possible. When this happens, it's vital that parents who are shocked seek the assistance of experienced birth defect lawyers.

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

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in their area, it is considered medical malpractice. This could include failing to perform routine prenatal testing or prescribing medication that increases the likelihood of birth defect or committing a lapse during the labor and delivery.

Birth defects and birth injury are often caused by environmental and genetic factors, however, they can also be the result of the negligence of a physician. If a doctor fails to detect congenital defects in utero, and then fails not to inform parents of the problem that their child is disabled, parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all the costs for their child's disabilities.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the physician did not fulfill this duty, that the doctor's negligence or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic losses due to the injuries. These damages could include medical bills, lost wages and emotional stress.

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to follow their doctors' recommendations about prenatal visits. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with some type of birth defect in the United States. These defects are of various degrees and impact the way children behave, appear and functions. Some are minor, but others can lead to serious issues that could be fatal.

Birth defects can result from genetic abnormalities or a variety of chemcial and environmental factors. For example, exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

In the scientific literature, it has been established that certain chemicals and toxins may traverse the placenta to affect an unborn child. These toxins are known as teratogenic. The exposure to these teratogenic chemicals may cause birth defects, such as the cleft palate and lips, spina bifida and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals when they are at work. These chemicals can be consumed or inhaled through the body's skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. These contaminants can also be ingested by parents when they consume certain over-the counter and prescription drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only cause. The presence of a variety of chemicals and toxins at the home, at work and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides and lead, as well as heavy metals, certain paints and other chemical compounds. Exposure to these toxic substances is often inevitable. When companies fail to protect 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 a combination of factors could cause the condition. The trick is to study these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from representative populations as well as follow them and their children for the course of time. This study will provide most complete information on the effects of environmental factors on the health of a child's fetus and.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the disorder, but it is the norm that these types of defects are unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families with children who have birth defects.

Product Liability

Birth problems can be caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, a lot 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 can help you determine whether your child's illness was caused by a medication, chemical exposure or any other environmental cause which is eligible for compensation. Depending on the degree of your child's illness, your legal team will also be able calculate the total cost of associated medical bills that are eligible for compensation.

Although the majority of birth defects are not caused by medical negligence, there are some instances when a healthcare worker is negligent before or during labor and birth. A doctor could prescribe a medication in a way that harms a baby even before birth, or make an error during surgery.

Our birth defect attorneys have successfully defended allegations that a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chance that she could give birth to a child who has birth defects. We also have brought birth defect lawsuits against semiconductor and paint factories that expose their workers hazardous substances in the workplace.