This Week s Top Stories About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's impossible. If that happens it is vital that stunned parents seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of medical care in their area of expertise. It could be a failure to conduct routine prenatal testing, prescribing medication that increases the likelihood of a birth defect, or making a mistake during the labor and delivery.

Birth defects and birth defect law firms injuries are typically caused by genetic or environmental factors, but sometimes they arise due to an error or negligence of a physician. If a physician fails to detect congenital disabilities in utero and fails to inform parents of the problem they may be in a position to file a lawsuit for wrongful birth seeking compensation for all the expenses that are associated with their disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor owed the patient a duty of care, that the doctor violated that duty, the doctor's actions, or failure to act led directly to injuries and damages and that the victim was harmed economically and non-economically due to his or her injuries. These damages could include medical expenses and lost wages, as well as 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 your child's birth defects, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These defects can be of various severity and impact the way the child behaves, looks and performs. Some are minor, whereas others can cause serious problems and even lead to death.

The reasons for a child's birth defects could be due to genetic defects or a variety of chemical and environmental factors. Exposure to toxic chemicals, for instance can trigger serious complications in babies. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in scientific literature that certain toxins and chemicals can cross the placenta to affect the unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals may cause birth defects, such as the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed to a range of toxic chemicals. They can be ingested or inhaled through the skin. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) used in the production of semiconductors. Parents may also be exposed chemicals when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals are not properly tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. A variety of toxins and chemicals that are present in the home, workplace and food can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is almost always inevitable. When companies fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are unable to pin down exactly what causes a specific birth defect. It is possible that a combination between multiple factors may cause the problem, but the issue is assessing the effects of these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100 women from the representative population as well as follow them and their children for the course of time. This study will provide the most comprehensive data on how environmental factors impact fetal and childhood health.

Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the problem, but it is often the case that these kinds of defects are unavoidable. Our birth defect lawyers know this and are dedicated to families who seek justice for children who suffer from 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, many of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to get compensation in a lawsuit involving birth defects.

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

While the majority of cases are not due to medical negligence, there have been cases where a doctor has been negligent during or prior to labor and delivery. A doctor might prescribe a medicine incorrectly, which harms a baby even before birth, or make an error in surgery.

Our birth defect attorneys have successfully prosecuted allegations that a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chance that she could give birth to a baby with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers hazardous substances during their work.