A Look At The Ugly Real Truth Of Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's impossible. When that happens it is imperative for parents to seek the assistance of experienced birth defect lawyers.

Birth problems and injuries can be caused by medical negligence and dangerous drugs or exposure to environmental toxins. A New York birth defect law firm (sneak a peek at these guys) can help you find answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her field. This could include failing to perform prenatal screening, prescribing medications which increase the chance of birth defects, or making an error during labor or delivery.

Birth birth defects and birth defect law firms injuries are often caused by genetic or environmental causes, but occasionally they arise due to medical negligence or malpractice. For instance, if a physician is unable to identify an inborn disability and fails to inform the parents of this condition, parents may make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the handicapped child.

To prevail in a medical malpractice claim in birth defects the plaintiff must show that the doctor was in breach of a duty of care to the patient, that he breached the duty, and that his actions or inaction action directly caused injuries and damages and that the plaintiff was a victim of economic and non-economic damages from the injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy. It's important for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you believe that the birth defect of your child is due to 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 birth defects can range in severity and affect manner in which a child looks, behaves and performs in life. Some are minor, but others can cause serious problems that may be fatal.

Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental causes. Exposure to toxic chemicals, for instance could cause serious problems in babies. Our firm is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

In the scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these chemicals can cause birth defects like the cleft lip and palate as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to various toxic chemicals while at work. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. These toxins can also be ingested by parents when they take certain prescription or over-the-counter medications. Many pharmaceuticals have not been tested properly on pregnant women and have caused 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 reason. Many different chemicals and toxins that are present in the home workplace, food and work environment can increase the risk of having a birth defect. These include fungicides, pesticides and lead, as well as heavy metals, certain paints, and various chemical compounds. Exposure to these toxins is often inevitable. However, if companies fail to protect pregnant employees, they are negligent and can be held responsible.

Researchers are still unable to identify the exact cause of the birth defect in a specific way. It is possible that an interaction between several factors can cause the condition, but the difficulty is evaluating these interactions in real-time. The National Children's Study is important because it is currently underway in several states. The NCS will enroll 100,000 women from representative populations and will follow them over time, as well as their children. This study will provide the most complete information on the effects of environmental factors on fetal and childhood health.

Many parents who have a birth defect in their child are resentful believing that they caused it. However, these birth defects are usually inevitable. Our birth defect attorneys are aware of this and are committed to helping families who have children who have birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, most of these causes can be cured. If your child was born with a medical condition that could have been avoided, you may be entitled to claim damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine if your child's illness is caused by chemical exposure, a drug or any other environmental cause that is a reason to seek compensation. Your legal team will calculate the total cost of medical expenses for your child's condition in relation to the severity.

While the vast majority of birth defects are not caused by medical negligence, there are cases in which a doctor or healthcare worker is negligent prior to or during labor and birth. A doctor may prescribe a medication which harms the baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies in which a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her having a child born with a birth defect. We have also filed birth defect lawsuits against companies that expose employees to hazardous substances while working, such as a paint factory or semiconductor manufacturing company.