25 Surprising Facts About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children perfect however sometimes it's not always possible. If this happens it is crucial that parents in shock seek out the assistance of skilled birth defect lawyers.

Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in his or her field, it's considered medical malpractice. This could include failing to conduct routine prenatal testing, prescribing medication that increases the likelihood of a birth defect, or making a mistake during labor and birth.

Birth defects and birth injury are usually the result of environmental and genetic factors but they can also be the result of the negligence of a physician. For example the case where a doctor is unable to identify a congenital disability in utero and fails to notify parents of this condition, parents may make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the physician breached this duty, that the doctor's actions or failure to act caused injuries and damages, and that the victim suffered economic and non-economic damages due to the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical negligence caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These birth defects can be of varying severity and impact the way a child acts, looks and performs. Some are minor, but others can cause serious problems and even be fatal.

Birth birth defects can be caused by genetic disorders or a variety of environmental and chemcial factors. For instance, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

In scientific literature, it has been established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn child. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects like lips, palates, and clefts as well as spina Bifida.

Many mothers are exposed a wide variety of toxic chemicals when they are working. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These toxic substances can also be consumed by parents when they consume certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defect lawsuit defects. Genetic disorders are a common cause but it's far from the only one. The presence of various chemical compounds and toxins in the home, at work and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides and lead, as well as heavy metals, some paints and other chemical substances. Exposure to these toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers aren't able to determine exactly what causes the specific birth defect. It is possible that a combination between multiple factors may cause the problem, but the issue is evaluating the effects of these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow their progress over time, as well as their children. This study will provide most complete information on how environmental factors affect the health of a child's fetus and.

Many parents who suffer from a birth defect in their child feel guilt, believing that they caused it. But, these problems are often unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families with children with birth defects.

Product Liability

Birth defects are caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be cured. If your child was born with a medical condition which could have been prevented and you are entitled to claim damages through an action for birth defects.

A New York birth defect attorney can help you determine if the condition of your child is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition your legal counsel will be able to estimate the full cost of the medical bills that are admissible for compensation.

While the majority of cases are not the result of medical negligence there are instances where a doctor was negligent prior to or during labor and birth. A doctor might prescribe a medication in a way that harms a baby even before birth, or make an error during surgery.

Our birth defect attorneys have successfully pursued claims in which a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chance that she could give birth to a child with birth defects. We have also brought birth defect lawsuits against companies that expose employees to hazardous substances in the workplace for example, a paint factory or semiconductor manufacturing companies.