15 Current Trends To Watch For Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes impossible. When this happens, it's vital that parents who are shocked seek out the help 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 provide 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 failing to perform prenatal screening, prescribing medications that increase the likelihood of birth defects or committing an error 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. If a doctor fails detect congenital problems in utero and fails to notify parents they may be legally able to file a case for wrongful birth seeking compensation for all costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the doctor did not fulfill this duty, that the doctor's actions or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages could include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that medical malpractice caused the birth defect of your child seek out a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects can range in severity and affect the manner in which a child looks, behaves and performs in life. Some are minor, but others can cause serious problems and even be fatal.

The causes of birth defects can be attributed to genetic abnormalities or a variety of chemical and environmental factors. For example, exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful substances or medications.

It is well-established in the scientific research that certain toxins and chemicals can enter the placenta and harm the unborn baby. These toxins are known as teratogenic. These teratogenic chemicals can cause birth defects like the cleft palate, lips and spina Bifida.

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

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, environmental exposure can also be a significant factor. Many different toxins and chemicals that are found in the home, workplace and food could increase the chances of having a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints and other chemical substances. Exposure to toxic substances is almost always inevitable. However, if companies do not take precautions to protect pregnant employees, they are negligent and could be held accountable.

Researchers are still unable to identify the exact cause of a specific birth defect. It could be that an interaction with multiple factors could trigger the condition, but the difficulty is evaluating these interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from representative population and track them throughout their lives, as well as their children. This study will provide comprehensive information about how environmental factors affect the health of infants and children.

Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the disorder, but it is often the case that these kinds of defects are inevitable. Our birth defect attorneys understand this and are dedicated in helping families whose children are born who have 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, most of these causes can be prevented. If your child was diagnosed with a medical condition which could have been avoided it is possible to recover damages in an action for birth defects.

A New York birth defect attorney will be able to help you determine if your child's illness is due to a medication, chemical or environmental exposure that is eligible for compensation. Based on the severity of your child's condition, your legal team will also be able to determine the total cost of medical bills that are suitable for compensation.

Although the majority of birth defects aren't caused due to medical negligence, there are occasions where a healthcare worker has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medication that injures the baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully prosecuted cases against drug companies where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the chances of her child being born with a birth defect. We also have brought birth defect lawsuits against companies that expose workers to dangerous chemicals while working for example, a paint factory or semiconductor manufacturing companies.