The Biggest "Myths" About Birth Defect Litigation May Actually Be Right

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's impossible. If that happens it is vital for parents to seek the help of seasoned birth defect lawyers.

Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her area of expertise. This could include not performing prenatal tests or prescribing medications which increase the chance of birth defects or committing an error during labor and delivery.

Birth birth defects and birth injuries are usually the result of genetic and environmental causes, but sometimes they arise due to an error or negligence of a physician. For example in the event that a physician fails to recognize a congenital disability in utero and fails to notify parents of the disability, the parents may file a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the doctor violated this duty, the doctor's negligence or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic losses due to his or her injuries. These damages might include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Certain birth injuries and defects can be prevented with timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can vary in severity and affect the way a child looks and behaves throughout life. Some are minor, but others can lead to serious issues that could be fatal.

The causes of a child's birth defects can be attributed to genetic disorders or a variety of environmental and chemical factors. Exposure to toxic chemicals, for example could cause serious problems in a newborn. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

It is well-established in scientific research that certain toxins as well as chemicals can enter the placenta, affecting the unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals can cause birth defects like Cleft lips and palates, spina bifida and muscular dystrophy.

While working, many mothers are exposed a variety of harmful chemicals. They can be ingested, inhaled or absorbed through the body's skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) used in the manufacture of semiconductors. Parents can also be exposed to these poisons when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, exposure to environmental factors is also a major cause. The presence of a variety of chemicals and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. These include fungicides, pesticides lead, heavy metals, certain paints, and many other chemical substances. Exposure to these toxins is usually unavoidable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.

Researchers are still trying to determine the root of the birth defect. It could be that an interaction between several factors can cause the problem, but the issue is assessing these interactions in real time. The National Children's Study is important since it is currently in process in several states. The NCS will enroll 100,000 women from representative populations and monitor them and their children over the course of time. This study will provide the most comprehensive information about how environmental factors affect the health of children and fetuses.

Many parents who suffer from a birth defect in their child are resentful, believing that they caused it. However, these birth defects are usually inevitable. Our birth defect lawyers are aware of this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these issues can be prevented. If your child was born with a medical issue that could have been prevented and you are entitled to compensation through an action for birth defects.

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

While the vast majority of birth defects aren't caused by medical negligence, there are cases where a doctor or healthcare worker is negligent before or during labor and birth. A doctor may prescribe a medication in a way that causes harm to a baby even before birth, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child with birth defects. We also have brought birth defect lawsuits against companies who expose workers to hazardous substances at work in a paint factory or semiconductor manufacturing company.