The Most Pervasive Problems With Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's not possible. When this happens, it's important that parents who are shocked seek the help of experienced birth defects lawyers.

Birth injuries and birth defects can be caused by medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to conduct prenatal testing or prescribing medications that increase the chance of birth defects, or making an error during labor and birth.

Birth defects and birth injuries are usually the result of environmental and genetic factors but they can also be the result of the negligence of a doctor. For example in the event that a physician does not recognize an inborn disability and fails to inform the parents of this disability, the parents may bring a wrongful birth claim seeking compensation for the lifelong expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor owed the patient a duty of care, that the physician did not fulfill this duty, that the doctor's actions or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic damage due to his or her injuries. These damages might include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth defects and injuries are preventable through timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects can be of various severity and affect the way that a child acts, looks and functions. Some are minor, but others can cause serious problems and even be fatal.

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

It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. Teratogenic chemicals can cause birth defects such as lip clefts, palates, and spina bifida.

While working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. These chemicals can also be consumed by parents while they are taking certain over-the counter and prescription drugs. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only one. Many different chemicals and toxins found in our homes workplace, food and work environment could increase the chances of a birth defect. Pesticides and fungicides are among the most commonly used. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. 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 combination between several factors can cause the condition, but the difficulty is evaluating these interactions in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enrol 100,000 women from a variety of populations and follow them and their children over the long-term. This study will provide the most comprehensive data to date about how a variety of environmental factors impact fetal as well as child health.

Many parents suffering from a child's birth defect feel guilty for having contributed to the problem, but it's usually the case that these kinds of problems are unavoidable. Our birth defect attorneys understand this and are committed to helping families whose children are born with birth defects.

Product Liability

Birth defects can be caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, the majority of these causes can be cured. If your child was diagnosed with a medical issue that could have been avoided, you may be able to seek compensation through an action for birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's illness is caused by chemical exposure, a drug or another environmental trigger that could be eligible for compensation. Based on the severity of your child's health condition your legal team will also be able to calculate the full cost of the 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 prior to or during labor and birth. A doctor may prescribe a medicine incorrectly, which can harm a baby before birth, or make an error in surgery.

Our birth defect lawyers have successfully brought cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the chances of her having a child born with birth defect. We have also filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers harmful chemicals in the workplace.