5 Laws Anybody Working In Birth Defect Litigation Should Know

Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's not possible. If this happens it is vital that parents in shock seek the help of experienced birth defect lawyers.

Birth problems and injuries can be caused by medical negligence and dangerous drugs 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 is in violation of the accepted standard of medical care in their field. This could mean not performing prenatal tests and prescribing medicines which increase the chance of birth defects, or making an error during labor and birth.

Birth birth defects and birth injuries are often caused by genetic or environmental causes, however sometimes they arise due to a doctor's negligence or malpractice. If a doctor fails to detect congenital disabilities during pregnancy, and then fails not to inform parents they may be in a position to file a lawsuit for wrongful birth seeking compensation for all costs that are associated with their disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's actions or inability to act led directly to injuries and damages, and that the victim suffered economic and non-economic losses due to his or her injuries. These damages might include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury lawyer immediately.

Toxic Chemicals

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

The causes of a child's birth defects could be due to genetic anomalies or a wide range of environmental and chemical factors. For instance, exposure to toxic chemicals can cause serious health issues for newborns. Our company is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

It is well-established in the scientific research that certain toxins as well as chemicals can enter the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals may cause birth defect law firms defects such as lips, palates, and clefts as well as spina Bifida.

Many mothers are exposed many toxic chemicals while they are working. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the manufacturing of semiconductors. Parents can be exposed to these poisons when they consume certain prescription or over-the-counter medications. This is due to the fact that many drugs aren't adequately tested on pregnant women and have been shown to 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 one. Many different toxins and chemicals found in the home as well as in food items can increase the risk of a birth defect. Pesticides and fungicides are among the most commonly used. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are unable to pinpoint exactly what causes the birth defect in a specific way. It could be that an interaction with multiple factors could trigger the condition, but the difficulty is evaluating the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow their progress over time, as well as their children. This study will provide the most complete information to date on how different environmental factors impact fetal and child health.

Many parents who have a birth defect in their child are resentful because they believe they contributed to it. However, these defects are usually inevitable. Our birth defect attorneys understand this and are committed to helping families with children with birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. However, many of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided and prevented, you could be able to seek compensation through a lawsuit for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's condition is the result of chemical exposure, a medication or other environmental trigger that could be eligible for compensation. Your legal team will calculate the total cost of medical expenses associated with your child's condition depending on the severity.

While the majority of these cases are not caused due to medical negligence, there have been cases where a doctor has been negligent during or before labor and delivery. A doctor may prescribe a medicine that hurts the baby before it's born, or they may make an error during surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug makers in which a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her having a child with birth defect law firm defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to hazardous substances in the workplace.