Some Of The Most Ingenious Things That Are Happening With Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. If that happens it is imperative that stunned parents seek the help of seasoned birth defect lawyers.

Birth problems and injuries can result from medical malpractice and dangerous drugs as well as exposure to environmental hazards. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her area of expertise. It could be a failure to perform routine prenatal testing or prescribing medication that increases the risk of a birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injury are usually caused by environmental and genetic factors however, they could also be caused by the negligence of a physician. For example the case where a doctor is unable to identify a congenital disorder in the uterus and fails to inform parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases demands that the doctor was obligated to the patient to perform a duty of care, that the doctor did not fulfill this duty, that the doctor's actions or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Prenatal visits are necessary to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects can vary in severity and affect manner in which a child looks, acts and functions in life. Some are minor and others can cause serious problems that may be fatal.

The reasons for a child's birth defects may be due to genetic abnormalities or a range of environmental and chemical factors. For example, exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.

It is well-established in scientific studies that certain toxicants and chemicals can pass through the placenta to affect an 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 working. They can be ingested or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) which are used in the fabrication of semiconductors. Parents may also be exposed to these chemicals when they consume certain prescription and over-the counter drugs. Many pharmaceuticals have not been thoroughly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, environmental exposure is also a major cause. Numerous different chemicals and toxins that are present in the home or workplace can increase the chance of a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is generally inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still unable pinpoint exactly what causes a particular birth defect. It is possible that a combination of factors can cause the condition. The trick is to study the interactions in real-time. The National Children's Study is important because it is in progress in a variety of states. The NCS will enroll 100,000 women from representative populations and will follow them and their children for the long run. This study will provide the most complete information to date on how many environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child are resentful believing that they are responsible for it. However, these issues are usually unavoidable. Our birth defect attorneys are aware of this and are committed to helping families with children with birth defects.

Product Liability

Birth problems can be caused by many factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these issues 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 claim damages in an action for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's illness was caused by chemical exposure, a medication or another environmental trigger that is eligible for compensation. Based on the degree of your child's illness your legal team will also be able to determine the total cost of associated medical expenses that are eligible for compensation.

Although the majority of birth defects are not caused by medical negligence, there are cases where a doctor or healthcare professional has been negligent before or during labor and birth. A doctor could prescribe a medicine incorrectly, which harms a baby even before birth, or make an error in surgery.

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