20 Myths About Birth Defect Litigation: Dispelled

Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's not feasible. When that becomes a reality it is vital for parents to seek the help of experienced birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice and drugs that are harmful as well as exposure to environmental hazards. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in their region, it's deemed medical malpractice. This could include failing to conduct routine prenatal testing, prescribing medication that increases the likelihood of birth defect, or making a mistake during labor and delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors but they can also be the result of a doctor's negligence. If a doctor fails to detect congenital problems in utero and fails to notify parents, the parents may be eligible to file a claim for compensation due to a birth defect for all costs for their child's disabilities.

To win a medical malpractice lawsuit in birth defects the plaintiff must show that the doctor was bound by a duty of care to the patient, that he breached the duty, that his actions or lack of action directly triggered damage and injuries, and that the patient suffered economic and non-economic losses due to the injuries. These damages could include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth injuries and defects can be prevented by timely testing and monitoring during pregnancy, so it's crucial for pregnant women to adhere to their doctor's recommendations regarding prenatal visits. If you believe that your child's birth defect is the result of medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These birth defects can range in severity and affect how a child appears, behaves and performs in life. Some are minor while others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic anomalies or a range of environmental and chemcial factors. Exposure to toxic chemicals, for example can trigger serious complications in the infant. Our company is committed to ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

It is well-established in scientific research that certain toxins and chemicals can cross the placenta, affecting the unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects such as lip clefts, palates, and spina bifida.

While they are working, many mothers are exposed to a range of harmful chemicals. These chemicals can be ingested or inhaled through the skin of the body. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the manufacturing of semiconductors. These contaminants can also be ingested by parents who take certain over-the counter and prescription drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's far from the only one. The presence of a variety of chemical compounds and toxins in the workplace, at home and in food items can increase the risk of birth defects. These include pesticides, fungicides, lead, heavy metals, some paints and many other chemical compounds. Exposure to these toxins is often inevitable. However, when companies fail to protect pregnant employees they are negligent and could be held responsible.

Researchers are still unable to pin down exactly what causes the birth defect in a specific way. It is possible that a combination with multiple factors could trigger the condition, but the challenge is evaluating these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from a variety of populations and will follow them and their children over the course of time. This study will provide the most comprehensive data to date on how various environmental factors impact fetal as well as child health.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the condition, but it is often the case that these kinds of issues are not a choice. Our birth defect attorneys understand this and are dedicated in helping families who have children with birth defects.

Product Liability

Birth problems can be caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. However, many of these issues can be prevented. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to claim damages in an action for birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's condition is the result of an exposure to chemicals, medication or other environmental trigger which is eligible for compensation. Your legal team will calculate the total cost of medical bills that are related to your child's illness according to the severity.

Although the vast majority of birth defect lawsuit injuries are not the result of medical negligence however, there have been instances in which a doctor was negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medication which harms a baby before it is born, or make an error during surgery.

Our birth defect attorneys have successfully litigated claims where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chances that she could give birth to a child with birth defects. We have also brought birth defect lawsuits against companies that expose workers to harmful substances while working for example, a paint factory or semiconductor manufacturing companies.