Birth Defect Litigation: The Good The Bad And The Ugly

Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's not feasible. If this happens, it's important parents who are shocked seek the assistance of experienced birth defects lawyers.

Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This could include failing to conduct routine prenatal tests, prescribing medication that increases the likelihood of birth defect or making a misstep during labor and birth.

Birth defects and birth injury are usually caused by environmental and genetic factors but they can also be the result of a doctor's negligence. For example the case where a doctor does not recognize a congenital disorder in the uterus and fails to notify parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime costs associated with the disabled child.

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

Certain birth injuries and defects are preventable through timely testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' advice regarding their prenatal visits. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These defects may be of different severity and impact the way children behave, look and performs. Some are minor, while others can cause serious issues and may even cause death.

The reasons for a child's birth defects could be due to genetic abnormalities or a range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious complications for newborns. Our firm is committed in making employers accountable when they expose pregnant women or their unborn children to harmful medications or substances.

It is well-established in the scientific research that certain toxins as well as chemicals can cross the placenta and affect an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects, such as cleft lips, palates and spina Bifida.

While they are working, many mothers are exposed to a range of harmful chemicals. These chemicals can be consumed or inhaled, or absorbed by the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. These chemicals can also be consumed by parents when they consume certain over-the counter and prescription drugs. This is due to the fact that many drugs are not adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major cause. Many different toxins and chemicals found in our homes workplace, food and work environment can increase the chance of a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints, and various chemical substances. Exposure to toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.

Researchers are still trying to find the root of the birth defect. It could be that an interaction with multiple factors could trigger the condition, but the problem is evaluating these interactions in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enrol 100 women from the representative population and will follow them and their children for the long-term. This study will provide the most comprehensive data on how environmental factors impact fetal and childhood health.

Many parents who have a birth defect in their child feel guilty believing that they were responsible for the defect. However, these birth defects are often unavoidable. Our birth defect lawyers are aware of this and are committed to helping families who have children with birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. 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 get compensation in an action 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. Based on the severity of your child's illness your legal team will also be able to determine the full cost of the medical bills that are qualified for compensation.

Although the vast majority are not caused due to medical negligence there are instances where doctors have been negligent during or prior to labor and delivery. A doctor could incorrectly prescribe a medication which harms an infant before it is born, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims where a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chances that she could give birth to a child with birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers dangerous chemicals in the workplace.