The 10 Scariest Things About Birth Defect Litigation

Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not possible. When that happens it is imperative that stunned parents seek the assistance of experienced birth defect lawyers.

Birth injuries and birth defects could be caused by medical malpractice and dangerous drugs as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in their field, it's considered medical malpractice. This could mean failing to conduct prenatal testing and prescribing medicines which increase the chance of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries are often caused by genetic and environmental factors, however, they could also be caused by the negligence of a doctor. If a doctor fails detect congenital problems in utero, Birth Defect attorney and then fails not to notify parents, the parents may be legally able to file a case for wrongful birth seeking compensation for all the expenses related to their child's disability.

A successful medical malpractice claim in birth defect cases demands that the doctor had a duty to the patient of care, that the doctor did not fulfill this duty, that the doctor's actions or inability to act caused injuries and damages, and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages may include costs of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the required tests and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects may be of different severity and affect the way that children behave, look and functions. Some are minor, while others can cause serious problems and even lead to death.

The causes of a child's birth defects can stem from genetic abnormalities or a range of environmental and chemical factors. Exposure to harmful chemicals, for instance can trigger serious complications in babies. Our firm is committed in holding employers accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

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

Many mothers are exposed a wide variety of toxic chemicals while they are working. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents can also be exposed toxic substances when they consume certain over-the-counter and prescription drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been shown 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 far from the only one. The presence of a variety of chemical compounds and toxins in the home, at work and in food can increase the risk of developing birth defects. These include pesticides, fungicides and lead, as well as heavy metals, some paints and other chemical substances. Exposure to toxic substances is almost always inevitable. However, when companies fail to protect pregnant workers they're negligent and could be held responsible.

Researchers are still unable to identify the exact cause of the birth defect in a specific way. It is possible that a combination of factors may cause the condition. The challenge is to evaluate the interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enroll 100,000 women from representative population and follow them over time and also their children. This study will provide the most complete information on how environmental factors affect fetal and childhood health.

Many parents who have a birth defect in their child feel guilty and believe that they caused it. However, these issues are not always preventable. 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 are caused by a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be avoided. 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 through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if the condition of your child is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical expenses for your child's condition according to the severity.

While the majority of cases are not caused due to medical negligence, there have been cases where a doctor was negligent during or prior to labor and delivery. A doctor might prescribe a medicine incorrectly, which can harm a baby before birth, or even make an error in surgery.

Our birth defect attorneys have successfully litigated allegations that a mother's health medical professional was exposed to prescription drugs or toxic chemicals which increased the chance that she would give birth to a baby with birth defects. We also have filed birth defect lawsuits against semiconductor and paint factories which expose their employees to dangerous chemicals when they work.