The Ugly Truth About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. When that happens it is crucial for parents to seek the assistance of experienced birth defect lawyers.

Birth defects and injuries can be caused by medical malpractice and drugs that are harmful as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in his or her area, it is considered medical malpractice. It could be a failure to perform routine prenatal tests or prescribing medications that increase the chance of having a birth defect, or making a mistake during the birth and delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors, however, they could also be the result of the negligence of a doctor. For instance in the event that a physician fails to detect an inborn disability and then fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses associated with the disabled child.

In order to prevail in a medical negligence case in birth defect cases the plaintiff must show that the doctor owed a duty of care to the patient, that he failed to fulfill that duty, that his actions or inaction action directly resulted in damages and injuries, and that he or she suffered economic and noneconomic damage as a result of the injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy, so it's crucial for pregnant women to follow their doctors' advice about prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects can vary in severity and affect the how a child appears, behaves and performs in life. Some are minor, but others can cause serious issues and may even cause death.

Birth defects can result from genetic defects or a range of environmental and chemcial factors. For example exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed in bringing employers to account when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

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

While working, mothers are exposed to a variety of toxic chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may also be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. Many pharmaceuticals have not been properly tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors can also play a role. The presence of many different toxins and chemical compounds in the home, at work and in food items can increase the risk of birth defects. This includes fungicides, pesticides lead, heavy metals, some paints and various chemical substances. Exposure to these toxins is generally inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still trying to find the exact cause of a birth defect. It is possible that a combination between a variety of factors could cause the condition, but the problem is evaluating the interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative population and follow them throughout their lives, as well as their children. This study will provide the most complete data available on how a variety of environmental factors impact fetal as well as child health.

Many parents suffering from a birth defect in their child are resentful that they have contributed to the disorder, but it's usually the case that these kinds of problems are not a choice. Our birth defect lawyers are aware of 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 factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical issue that could have been prevented or prevented, you could be entitled to claim damages in a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's problem 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 according to the severity.

Although the majority of birth defects aren't caused by medical negligence, there are occasions where a doctor or healthcare worker was negligent before or during labor and birth. A doctor might prescribe a medicine incorrectly, which causes harm to a baby even before birth, or even make an error in surgery.

Our birth defect attorneys have successfully litigated claims in which a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she will give birth to a baby with birth defects. We have also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals in the workplace like a paint factory or semiconductor manufacturing companies.