20 Myths About Birth Defect Litigation: Debunked

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not possible. If this happens, it's crucial parents who are shocked seek the help of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

Medical negligence occurs 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 testing or prescribing medications that increase the likelihood of a birth defect or making a mistake during labor and birth.

Birth defects and birth injury are usually caused by environmental and genetic factors however, they could also be caused by an error by a doctor. For example in the event that a physician fails to detect an inborn disability and then fails to notify parents of the disability, the parents may bring a wrongful birth claim seeking compensation for the lifetime costs associated with the disabled child.

In order to win a medical malpractice claim in birth defects the plaintiff must demonstrate that the doctor was bound by a duty of duty to the patient, and that he did not fulfill that duty, that his actions or lack of action directly triggered damage and injuries, and that the patient was a victim of economic and non-economic damages from the injuries. These damages could include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the necessary testing and monitoring. If you believe that your child's birth defect is due to medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects vary in severity and impact how a child appears, behaves and performs in life. Some are minor, but others can lead to serious issues that could be fatal.

Birth birth defects can be caused by genetic abnormalities or a variety of environmental and chemcial factors. For instance exposure to toxic chemicals can cause serious complications for a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful substances or medications.

It is well-established in the scientific research that certain toxins and chemicals can enter the placenta and harm an unborn baby. These toxins are known as teratogenic. Teratogenic chemicals can cause birth defects, such as lip clefts, palates, and spina Bifida.

While working, many mothers are exposed to a variety of harmful chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. These toxins can also be ingested by parents who take certain over-the counter and prescription drugs. Many pharmaceuticals have not been tested properly on pregnant woman and have resulted in 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 reason. Numerous different chemicals and toxins that are present in the home, workplace and food can increase the risk of a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, some paints and many other chemical substances. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant workers they're negligent and could be held responsible.

Researchers are unable to identify the exact cause of a particular birth defect. It is possible that a mix of factors may cause the condition. The challenge is to analyze these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow them over time and their children. This study will provide the most comprehensive data to date about how a variety of environmental factors affect fetal and child health.

Many parents suffering from a birth defect in their child feel guilty that they may have contributed to the problem, but it's often the case that these kinds of problems are inevitable. 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 causes, ranging from drugs or alcohol use during pregnancy to genes. Fortunately, most of these causes can be avoided. If your child was diagnosed with a medical issue that could have been prevented or prevented, you might be able to get compensation in an action for birth defects.

A New York birth defect attorney can help you determine if your child's problem is due to an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical expenses for your child's condition according to the severity.

Although the vast majority of birth injuries are not due to medical negligence however, there have been instances in which a doctor was negligent during or prior to labor and birth. A doctor may prescribe a medication that harms a baby even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug makers when a mother's medical healthcare provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her child being born with a birth defect. We have also brought birth defect lawsuits against companies that expose employees to dangerous substances at work, such as a paint factory or semiconductor manufacturing company.