5 Laws Anybody Working In Birth Defect Litigation Should Be Aware Of

Birth Defect Lawsuits

Parents want their children perfect however sometimes it's impossible. When that becomes a reality it is vital that parents in shock seek the help of seasoned birth defect lawyers.

Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of care in his or her field. It could be a failure to perform routine prenatal testing, prescribing medication that increases the likelihood of birth defect or making a mistake during labor and delivery.

Birth birth defects and birth injuries are typically the result of genetic and environmental causes, however sometimes they are caused by an error or negligence of a physician. For instance the case where a doctor is unable to identify an inborn disability and fails to notify parents of this disability, the 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 doctor was obligated to the patient to perform a duty of care, that the physician violated this duty, the doctor's actions or inability to act led directly to injuries and damages and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages could include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth defect lawsuit problems and injuries can be avoided by timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to adhere to their doctor's advice regarding their prenatal visits. If you suspect that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

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

Birth problems can be caused by genetic abnormalities or a variety of chemcial or environmental factors. For instance, exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or medications.

It is well-established in the scientific research that certain toxins and chemicals can enter the placenta, affecting the unborn baby. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects such as lip clefts, palates, and spina bifida.

Many mothers are exposed to many toxic chemicals while they are at work. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) employed in the manufacture of semiconductors. These chemicals can also be consumed by parents while they are taking 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

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's not the only cause. Many different toxins and chemicals found in our homes workplace, food and work environment can increase the chance of having a birth defect. This includes fungicides, pesticides lead, heavy metals, some paints and other chemical compounds. Exposure to these toxins is often inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still trying to find the specific cause of a birth defect. It could be that an interaction between multiple factors may cause the problem, but the issue is assessing 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 representative population and track their progress over time, as well as their children. This study will provide the most comprehensive information about how environmental factors impact fetal and childhood health.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the problem, but it is the norm that these types of defects are not a choice. Our birth defect lawyers understand this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth problems can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these issues can be prevented. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to recover damages in lawsuits for birth defects.

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

While the vast majority of birth defects are not caused due to medical negligence, there are instances in which a doctor or healthcare professional has been negligent before or during labor and birth. A doctor might prescribe a medication that harms a baby even before the birth, or make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies when a mother's medical care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her child being born with birth defect. We also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals while working for example, a paint factory or semiconductor manufacturing company.