Why No One Cares About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's impossible. When this happens, it's important that parents who are shocked seek the help of experienced birth defect lawyers.

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

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of care in his or her field. This could include failing to perform routine prenatal testing or prescribing medications that increase the likelihood of a birth defect or committing a lapse during the birth and delivery.

Birth defects and birth injuries can be caused by environmental and genetic causes, however, they could also be a result of the negligence of a physician. For instance when a doctor fails to recognize the presence of a congenital defect in utero and fails to inform parents of the disability, the parents can bring a wrongful birth claim seeking compensation for all the lifetime expenses associated with the disabled child.

In order to win a medical malpractice case in birth defects the plaintiff has to prove that the doctor owed a breach of care to the patient, and that he did not fulfill the duty, that his actions or lack of action directly caused damages and injuries, and that the patient suffered economic and noneconomic damage due to the injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth defects and injuries are preventable by prompt testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' recommendations regarding their prenatal visits. If you suspect that medical malpractice caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year, thousands of children are born with a type of birth defect in the United States. These birth defects can vary in severity and affect how a child appears, acts and functions in life. Some are minor while others can cause serious problems and even lead to death.

Birth defects can result from genetic abnormalities or a variety of chemcial and environmental factors. For instance, exposure to toxic chemicals could cause serious complications for newborns. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or medications.

In scientific literature, it is well-established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals could cause birth defects such as the cleft palate, lips and spina bifida.

Many mothers are exposed various toxic chemicals while they are working. These chemicals can be breathed in, 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 to these toxins when they are consuming certain prescription or over-the-counter medications. This is because many pharmaceuticals are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. A variety of toxins and chemicals found in our homes, workplace and food could increase the chances of having a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to determine the specific cause of a birth defect. It is possible that a combination of factors can cause the condition. The next step is to evaluate the effects of these factors in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enrol 100,000 women from a variety of populations as well as follow them and their children for the long term. This study will provide comprehensive data on the effects of environmental factors on fetal and childhood health.

Many parents who are suffering from a child's birth defect feel guilty for having contributed to the condition, but it's often the case that these kinds of problems are a given. Our birth defect lawyers understand this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be prevented. If your child was born with a medical issue that could have been avoided and you are entitled to claim damages through a birth defect lawsuit.

A New York birth defect attorney can help you determine if your child's condition is caused by a medication, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical expenses related to your child's condition in relation to the severity.

Although the vast majority of birth injuries are not the result of medical negligence, there have been cases where a doctor was negligent during or prior to labor and birth. A doctor could prescribe a medication that causes harm to a baby even before birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in which a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her child being born with birth defect. We have also filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to dangerous chemicals at work.