What Is Birth Defect Litigation Heck Is Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's not possible. When that becomes a reality, it is essential that stunned parents seek out the assistance of skilled birth defect lawyer defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This might involve failing to conduct routine prenatal testing or prescribing medication that increases the likelihood of birth defect, or making a mistake during the birth and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic causes, however, they can also be the result of the negligence of a doctor. For example, if a physician does not recognize a congenital disability in utero and fails to inform parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.

To prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor was bound by a duty of care to the patient, that he breached this duty, that his actions or lack of action directly triggered injuries and damages and that he or she suffered economic and noneconomic damages from the injuries. These damages might include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

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

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These birth defects can be of varying severity and impact the way children behave, appear and functions. Some are minor while others can cause serious issues that could be fatal.

The causes of birth defects could be due to genetic abnormalities or a variety of chemical and environmental factors. Exposure to toxic chemicals, for example causes serious complications in a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn children to harmful substances or drugs.

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

Many mothers are exposed to an array of toxic chemicals when they are at work. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals comprise industrial solvents such as EGE or ethylene glycol (EGE) used in the manufacture of semiconductors. These chemicals can also be consumed by parents when they take certain prescription and over-the-counter drugs. Many drugs have not been adequately tested on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of various chemical compounds and toxins in the home, at work and in food items can increase the risk of birth defects. These include fungicides, pesticides and lead, as well as heavy metals, certain paints and various chemical substances. Exposure to these toxins is almost always inevitable. But, when businesses do not take precautions to protect pregnant employees they are negligent and could be held accountable.

Researchers aren't able to pinpoint exactly what causes the specific birth defect. It is possible that a combination between a variety of factors could cause the condition, but the problem is evaluating the effects of these interactions in real time. The National Children's Study is important since it is currently in process in a variety of states. The NCS will enroll 100,000 women from representative populations and will follow them throughout their lives as well as their children. This study will provide the most comprehensive information about how environmental factors impact the health of children and fetuses.

Many parents suffering from a birth defect in their child feel guilty that they may have contributed to the problem, but it is often the case that these kinds of problems are a given. Our birth defect lawyers understand this and are dedicated to families who seek justice for children suffering from birth defect attorneys defects.

Product Liability

Birth defects can be caused by many causes, from drug or alcohol use during pregnancy to genes. Fortunately, most of these causes can be prevented. If your child was born with a medical condition that could have been avoided in the first place, you may be able to recover damages through a birth defect lawsuit.

A New York birth defect attorney can help you determine if your child's condition is caused by an illness, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's condition your legal team will be able to estimate the total cost of medical bills that are eligible for compensation.

Although the majority of birth defects are not caused due to medical negligence, there are occasions where a healthcare worker has been negligent prior to or during labor and birth. A doctor might prescribe a medication that can harm a baby before the birth, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child developing birth defects. We also have brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers to dangerous chemicals when they work.