The Most Innovative Things That Are Happening With Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's impossible. If that happens it is vital for parents to seek the help of seasoned birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a doctor does not adhere to the accepted standards of medical care in their field. This could include failing to perform prenatal screening or prescribing drugs that increase the likelihood of birth defects, or making an error during labor or delivery.

Birth defects and birth injuries can be caused by environmental and genetic factors, however, they can also be a result of the negligence of a physician. If a doctor fails to detect congenital defects in utero and fails to inform parents of the problem they may be in a position to file a lawsuit for compensation due to a birth defect for all the expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases requires that the physician had a duty to the patient of care, that the physician violated this duty, the doctor's negligence or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic damage due to his or her injuries. These damages could include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided through timely testing and monitoring during pregnancy. It's vital for pregnant women adhere to their doctor's advice regarding their prenatal visits. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can range in severity and affect the way that a child appears and behaves throughout life. Some are minor, but others can cause serious problems and even be fatal.

The reasons for a child's birth defects can be attributed to genetic anomalies or a wide variety of environmental and chemical factors. For example exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed to holding employers accountable for exposing pregnant women and their newborn babies to harmful substances or drugs.

In the scientific literature, it is well-established that certain chemicals and toxins can cross the placenta to affect an unborn baby. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals may cause birth defects like Cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to various toxic chemicals when they are at work. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) that are used in the fabrication of semiconductors. Parents may be exposed to these poisons when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been shown 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. The presence of numerous chemicals and toxins at the workplace, at home and in food can increase the risk of developing birth defects. These include fungicides, pesticides lead, heavy metals, some paints and many other chemical compounds. Exposure to these toxins is generally inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still trying to find the precise cause of a birth defect. It is possible that a combination between multiple factors may cause the condition, but the challenge is evaluating the interactions in real-time. The National Children's Study is important because it is now underway in a number of states. The NCS will enroll 100,000 women from diverse populations and follow them and their children for the long term. This study will provide most comprehensive information about how environmental factors affect the health of children and fetuses.

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

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. However, many of these causes can be avoided. If your child was born with a medical condition that could have been prevented, you may be entitled to recover damages through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if your child's condition is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's illness, your legal team will also be able to determine the total cost of associated medical expenses that are suitable for compensation.

Although the majority of birth defects aren't caused due to medical negligence, there are instances where a healthcare worker has been negligent prior to or during labor and birth. A doctor could prescribe a medication in a way that can harm a baby before birth, or make an error during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with birth defect. We also have filed birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to hazardous substances at work.