10 Quick Tips About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children perfect however sometimes it's not possible. If that happens, it is essential that stunned parents seek out the assistance of skilled birth defect lawyers.

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

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of care in his or her field. This could mean failing to perform routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect or making a misstep during labor and birth.

Birth birth defects and birth injuries can be due to genetic and environmental causes, however sometimes they are the result of the negligence or malpractice of a doctor. If a doctor fails to detect congenital problems in utero, and then fails not to inform the parents of the condition, parents might be legally able to file a case for wrongful birth seeking compensation for all costs related to their child's disability.

To win a medical negligence case in birth defects the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, and that he did not fulfill the duty, that his actions or lack of action directly caused damage and injuries, and that the plaintiff suffered economic and noneconomic damages due to the injuries. These damages could include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects can be prevented by prompt testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' advice regarding their prenatal visits. If you suspect that medical negligence caused the birth defect of your child seek out a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects can range in severity and impact the way that a child appears and behaves in life. Some are minor, while others can cause serious issues and may even cause death.

The causes of birth defects can be attributed to genetic abnormalities or a variety of chemical and environmental factors. For instance exposure to toxic chemicals can cause serious problems for newborns. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.

In the scientific literature, it is well-established that certain chemicals and toxins can cross the placenta to affect an unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals could cause birth defects such as Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

While they are working, many mothers are exposed of toxic chemicals. These chemicals can be ingested or inhaled through the skin of the body. These chemicals include industrial solvents like ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. Parents can also be exposed poisons when they consume certain prescription and over-the-counter drugs. Many drugs have not been adequately tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, environmental exposure can also be a significant factor. Many different toxins and chemicals that are present in the home workplace, food and work environment can increase the chance of having a birth defect. This includes fungicides and pesticides, lead, heavy metals, certain paints and various chemical compounds. Exposure to these toxins is usually unavoidable. However, if companies fail to protect pregnant employees, they are negligent and could be held responsible.

Researchers have yet to pinpoint the exact cause of a birth defect. It could be that a combination of factors may cause the condition. The problem is to study these interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enroll 100,000 women from a representative population and monitor them throughout their lives and also their children. This study will provide the most comprehensive data on how environmental factors impact the health of infants and children.

Many parents who suffer from a birth defect in their child feel guilt and believe that they are responsible for it. However, these defects are usually unavoidable. Our birth defect lawyers recognize this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

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

A New York birth defect lawyer will be able to assist you determine whether your child's illness was caused by an exposure to chemicals, medication or any other environmental cause which is eligible for compensation. Your legal team can calculate the total cost of medical expenses associated with your child's condition in relation to the severity.

While the majority of these cases are not caused due to medical negligence, there have been cases in which a doctor was negligent during or before labor and delivery. A physician may incorrectly prescribe a medication that injures the baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully pursued cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her child developing a birth defect. We have also filed birth defect lawsuits against companies that expose workers to harmful substances while working for example, a paint factory or semiconductor manufacturing companies.