25 Shocking Facts About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not feasible. If that happens it is vital that parents in shock seek the assistance of experienced birth defect lawyers.

Birth defects and injuries can result from medical malpractice, drugs that are dangerous or exposure to environmental toxins. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her area of expertise. This could include failing to conduct prenatal testing and prescribing medicines that increase the risk of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries can be caused by environmental and genetic factors, but they can also be a result of the negligence of a physician. For example in the event that a physician does not recognize a congenital disability in utero and then fails to notify parents of the disability, the parents may make a claim for wrongful birth seeking compensation for the ongoing costs associated with the disabled child.

In order to win a medical malpractice claim in birth defects, the plaintiff must prove that the doctor was in breach of a duty of duty to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly resulted in damage and injuries, and that he was a victim of economic and non-economic damages because of the injuries. These damages could include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth injuries and defects are preventable by timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' recommendations regarding prenatal visits. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with some form of birth defect in the United States. These birth defects can vary in severity and affect way that a child appears, acts and functions in life. Some are minor, whereas others can cause serious problems and even be fatal.

The reasons for a child's birth defects may be due to genetic defects or a variety of chemical and environmental factors. For instance exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or medications.

It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta to affect the unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals may 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 harmful chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as EGE or ethylene glycol (EGE) used in the manufacture of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's far from the only one. The presence of many different chemicals and toxins at the home, at work and in food can increase the risk of birth defects. These include pesticides, fungicides, lead, heavy metals, certain paints and various chemical substances. Exposure to toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the exact cause of a birth defect attorneys defect. It is possible that a combination of factors could cause the condition. The problem is to assess the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100 women from the representative population and monitor them and their children over the course of time. This study will provide the most comprehensive information to date on how a variety of environmental factors impact fetal and child health.

Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the condition, but it is the norm that these kinds of defects are inevitable. 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 result from a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these issues can be prevented. If your child was born with a medical condition that could have been prevented in the first place, you may be able to claim damages through a birth defect lawsuit.

A New York birth defect attorney can assist you to determine if your child's condition is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical expenses associated with your child's condition in relation to the severity.

Although the majority of birth defects are not caused due to medical negligence, there are instances where a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor might prescribe a medication in a way that harms a baby even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child developing birth defects. We have also brought birth defect lawsuits against companies that expose employees to dangerous chemicals in the workplace for example, a paint factory or semiconductor manufacturing companies.