15 Trends That Are Coming Up About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children perfect but sometimes it's not always possible. If this happens, it's vital that parents who are stunned seek the assistance of a seasoned birth defects lawyers.

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

Medical Malpractice

When a doctor fails follow the accepted standard of practice in his or her area, it is considered medical malpractice. This could mean failing to conduct routine prenatal testing or prescribing medications that increase the likelihood of birth defect, or making a mistake during labor and delivery.

Birth birth defect law firms defects and birth injuries are typically caused by genetic and environmental factors, but sometimes they are the result of an error or negligence of a physician. For instance, if a physician is unable to identify a congenital disability in utero and fails to notify parents of this condition, parents may file a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases demands that the doctor was obligated to the patient to perform a duty of care, that the physician violated this duty, the doctor's actions or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic damages due to the injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you believe that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects vary in severity and affect the way a child looks, acts and functions in life. Some are minor, while others can cause serious issues that could be fatal.

Birth birth defects can be caused by genetic defects or a range of environmental and chemcial factors. For example exposure to toxic chemicals could cause serious complications for newborns. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful substances or medications.

In the scientific literature, it has been established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These toxins are known as teratogenic. Teratogenic chemicals can cause birth defects such as cleft lips, palates and spina Bifida.

While working, many mothers are exposed of toxic chemicals. These chemicals can be consumed or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These toxic substances can also be consumed by parents when they take certain prescription and over-the-counter drugs. Many medications have not been adequately tested on pregnant women and have resulted in birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only reason. A variety of toxins and chemicals that are present in the home as well as in food items can increase the risk of a birth defect. These include fungicides, pesticides, lead, heavy metals, certain paints, and other chemical compounds. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still trying to find the exact cause of a birth defect. It is possible that an interaction between a variety of factors could cause the problem, but the issue is assessing the effects of these interactions in real time. The National Children's Study is important since it is currently in process in a number of states. The NCS will enrol 100 women from the representative population and follow them and their children over the long run. This study will provide the most comprehensive data to date about how different environmental factors affect fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the condition, however it's often the case that these types of defects are a given. Our birth defect lawyers understand this and are committed to helping families who have children who have birth defects.

Product Liability

Birth defects can be caused by many factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical issue that could have been prevented, you may be able to claim damages in lawsuits for birth defects.

A New York birth defect attorney can assist you to determine if your child's illness is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition your legal counsel will also be able to calculate the full cost of the associated medical expenses that are suitable for compensation.

Although the majority of birth defects are not caused due to medical negligence, there are instances where a healthcare worker has been negligent before or during labor and delivery. A doctor could prescribe a medicine incorrectly, which harms a baby even before birth, or even make an error in surgery.

Our birth defect lawyers have successfully defended claims against drug manufacturers in which a mother's health care provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her having a child with a birth defect. We have also brought birth defect lawsuits against companies that expose workers to dangerous substances in the workplace for example, a paint factory or semiconductor manufacturing companies.