The Most Pervasive Issues In Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's not possible. When that happens, it is essential for parents to seek the assistance of experienced birth defect lawyers.

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

Medical Malpractice

When a doctor fails adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This might involve failing to conduct routine prenatal testing and prescribing a medication that increases the chance of having a birth defect or making a mistake during the labor and delivery.

Birth defects and birth injuries are often caused by genetic and environmental factors, but sometimes they occur due to an error or negligence of a physician. For instance the case where a doctor does not recognize the presence of a congenital defect in utero and fails to notify parents of this disability, the parents can make a claim for wrongful birth seeking compensation for all the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician had a duty to the patient of care, that the doctor violated this duty, the doctor's negligence or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include medical expenses, lost wages and emotional stress.

Certain birth problems and injuries can be avoided with timely testing and monitoring during pregnancy. It's crucial for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects can be of varying severity and impact the way a child acts, looks and functions. Some are minor, whereas others can cause serious problems and even be fatal.

The causes of a child's birth defects can stem from genetic disorders or a variety of chemical and environmental factors. For example, exposure to toxic chemicals could cause serious problems for newborns. Our firm is determined to hold employers accountable for exposing pregnant women and their newborn babies to harmful substances or drugs.

In scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect the unborn child. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects, such as lips, palates, and clefts as well as spina bifida.

While working, many mothers are exposed of harmful chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These toxic substances can also be consumed by parents when they consume certain prescription and over-the-counter drugs. Many drugs have not been thoroughly tested on pregnant woman and may cause birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only reason. A variety of toxins and chemicals found in our homes as well as in food items could increase the chances of a birth defect. These include pesticides, fungicides and lead, as well as heavy metals, certain paints and other chemical compounds. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It is possible that a mix of factors can trigger the condition. The trick is to assess the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enrol 100 women from the representative population as well as follow them and their children over the course of time. This study will provide the most comprehensive data on how environmental factors impact fetal and childhood health.

Many parents suffering from a child's birth defect are resentful that they have contributed to the condition, however it's usually the case that these kinds of defects are not a choice. Our birth defect lawyers understand this and are dedicated in helping families whose children are born with birth defects.

Product Liability

Birth defects are caused by a variety of causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical condition that could have been prevented or prevented, you might be able to get compensation in a lawsuit for birth defects.

A New York birth defect attorney can assist you to determine if your child's problem is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness your legal team will be able to estimate the full cost of the medical bills that are suitable for compensation.

Although the vast majority of birth injuries are not the result of medical negligence, there have been cases where doctors have been negligent during or prior to labor and birth. A doctor might incorrectly prescribe a medication which harms an infant before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully defended cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chance of her having a child with birth defects. We also have brought birth defect lawsuits against companies who expose workers to dangerous substances at work, such as a paint factory or semiconductor manufacturing company.