4 Dirty Little Details About Birth Defect Litigation Industry Birth Defect Litigation Industry

Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not possible. When this happens, it's vital parents who are shocked seek the assistance of experienced birth defect lawyers.

Birth injuries and birth defects can be caused by medical malpractice, drugs that are dangerous or exposure to environmental toxins. A New York birth defect law firm can help you get answers.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in their area, it is considered medical malpractice. This might involve failing to conduct routine prenatal tests or prescribing medications that increase the likelihood of birth defect or making a mistake during the birth and delivery.

Birth defects and birth injuries can be due to genetic and environmental factors, but sometimes they arise due to an error or negligence of a physician. If a physician fails to detect congenital disabilities during pregnancy and fails to inform parents that their child is disabled, parents may be legally able to file a case for wrongful birth defect lawyer seeking compensation for all expenses that are associated with their disabled child.

In order to win a medical malpractice case in birth defects the plaintiff has to prove that the doctor was in breach of a duty of care to the patient, and that he violated the duty, and that his actions or lack of action directly triggered damage and injuries, and that he suffered economic and noneconomic damage because of the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These defects vary in severity and affect the how a child appears, behaves and performs in life. Some are minor, while others can lead to serious problems that may be fatal.

Birth birth defects can be caused by genetic disorders or a variety of chemcial and environmental factors. For example, exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed in making employers accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

It is well-established in scientific literature that certain toxins and chemicals can enter the placenta and affect the unborn baby. These chemicals are teratogenic. Teratogenic chemicals can cause birth defects, such as cleft lips, palates and spina bifida.

Many mothers are exposed a wide variety of toxic chemicals while they are at work. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. Parents can also be exposed toxic substances when they consume certain prescription and over-the-counter drugs. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure can also play a role. The presence of a variety of chemicals and toxins in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant employees, they're negligent and could be held accountable.

Researchers are still unable to pinpoint the specific cause of a birth defect. It is possible that a mix of factors can trigger the condition. The next step is to evaluate these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from a representative populations and will follow them throughout their lives, as well as their children. This study will provide the most comprehensive data on how environmental factors impact the health of children and fetuses.

Many parents who have a birth defect in their child feel guilty believing that they were responsible for the defect. However, these issues are not always preventable. Our birth defect lawyers are aware of this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs 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, you may be entitled to claim damages in an action for birth defects.

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

While the majority of these cases are not due to medical negligence however, there have been instances where a doctor was negligent during or before labor and birth. A doctor may prescribe a medication that harms a baby before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers in which a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child developing birth defect. We have also brought birth defect lawsuits against companies who expose workers to dangerous chemicals while working in a paint factory or semiconductor manufacturing companies.