25 Amazing Facts About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not possible. When that happens it is vital for parents to seek the help of experienced birth defect lawyers.

Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their region, it's deemed medical malpractice. This could mean not performing prenatal tests and prescribing medicines that increase the risk of birth defects, or making an error during labor and delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors, however, they could also be caused by a doctor's negligence. For example when a doctor does not recognize the presence of a congenital defect in utero and then fails to notify parents of this impairment, parents can bring a wrongful birth claim seeking compensation for all the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act caused injuries and damages, and that the victim suffered economic and non-economic losses due to the injuries. These damages could include medical expenses, lost wages and emotional stress.

Certain birth injuries and defects are preventable through timely testing and monitoring during pregnancy. Therefore, it's vital for pregnant women follow their doctors' recommendations regarding prenatal appointments. If you suspect that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.

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 way a child looks and behaves in life. Some are minor, but others can cause serious issues and may even cause death.

Birth defects can be caused by genetic anomalies or a range of environmental and chemcial factors. Exposure to toxic chemicals, for instance, can cause serious complications in babies. Our firm is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta and affect an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals could cause birth defects like Cleft lips and palates, spina bifida and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals while at work. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These contaminants can also be ingested by parents who take certain over-the counter and prescription drugs. This is due to the fact that many drugs are not properly tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure can also be a significant factor. Many different chemicals and toxins that are found in the home, workplace and food can increase the likelihood of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is generally inevitable. However, when companies fail to protect pregnant workers, they are negligent and could be held responsible.

Researchers have yet to pinpoint the precise cause of a birth defect. It is possible that a combination between multiple factors may cause the condition, but the problem is evaluating these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow their progress over time and also their children. This study will provide the most comprehensive data on how environmental factors affect the health of a child's fetus and.

Many parents who are suffering from a child's birth defect are resentful that they have contributed to the condition, but it is the norm that these kinds of problems are unavoidable. Our birth defect lawyers recognize this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be prevented. If your child was born with a medical condition that could have been avoided in the first place, you may be able to compensation through a birth defect lawsuit.

A New York birth defect lawyer can help you determine if your child's illness is caused by a medication, chemical exposure or other environmental trigger that is a reason to seek compensation. Based on the severity of your child's condition, your legal team will also be able to calculate the total cost of medical bills that are qualified for compensation.

While the vast majority of birth defects aren't caused due to medical negligence, there are occasions in which a doctor or healthcare worker is negligent before or during labor and birth. A doctor may prescribe a medicine incorrectly, which can harm a baby before birth, or may make an error in surgery.

Our birth defect lawyers have successfully prosecuted claims where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chances that she would give birth to a child with birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to hazardous substances when they work.