25 Amazing Facts About Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's impossible. When that happens it is vital for parents to seek the help of seasoned birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice and dangerous drugs and exposure to environmental factors. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of care in his or her area of expertise. This may include not performing prenatal tests or prescribing drugs that increase the chance of birth defects, or making an error during labor or delivery.

Birth defects and birth injury are often caused by environmental and genetic factors but they can also be caused by an error by a doctor. If a doctor fails to detect congenital disabilities during pregnancy and fails to inform parents of the problem of the condition, parents might be able to file a claim for wrongful birth seeking compensation for all costs that are associated with their disabled child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor owed a breach of care to the patient, that he breached the duty, that his actions or inaction action directly triggered injuries and damages and that he was a victim of economic and non-economic damages due to the injuries. These damages could include medical bills and lost wages, as well as emotional distress.

Some birth injuries and defects are preventable through timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' advice regarding their prenatal visits. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These defects can be of varying severity and impact the way children behave, appear and performs. Some are minor while others can lead to serious issues that could be fatal.

Birth problems can be caused by genetic defects or a range of chemcial or environmental factors. For example, exposure to toxic chemicals could cause serious health issues for newborns. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies 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 toxins are called teratogenic. The exposure to these chemicals can cause birth defects, such as the cleft palate and lips, spina bifida and muscular dystrophy.

While working, mothers are exposed to a variety of harmful chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents can also be exposed poisons when they consume certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been thoroughly tested on pregnant woman and may cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's not the only reason. A variety of toxins and chemicals that are found in the home workplace, food and work environment could increase the chances of a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxins is usually unavoidable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still trying to determine the precise cause of a birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the challenge is evaluating these interactions in real time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enroll 100,000 women from representative populations and monitor them and their children for the long run. This study will provide the most comprehensive data to date on how different environmental factors impact fetal and child health.

Many parents who have a birth defect in their child are resentful and believe that they were responsible for the defect. But, these problems are not always preventable. Our birth defect lawyers recognize this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided or prevented, you might be able to recover damages in a lawsuit involving birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's condition was caused by a medication, chemical exposure or any other environmental cause that is a reason to seek compensation. Depending on the degree of your child's illness your legal team will be able to estimate the total cost of medical bills that are qualified for compensation.

Although the majority of birth defects are not caused due to medical negligence, there are some instances where a healthcare professional has been negligent prior to or during labor and birth. A doctor might incorrectly prescribe a medication that injures an infant before it is born, or make a mistake during surgery.

Our birth defect attorneys have successfully prosecuted cases where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the risk that she could give birth to a child suffering from birth defects. We also brought birth defect lawsuits against companies that expose workers to dangerous substances while working in a paint factory or semiconductor manufacturing company.