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 possible. When that happens it is vital that parents in shock seek out the assistance of skilled birth Defect lawyers [M1bar.com].

Birth injuries and birth defects can be caused by medical negligence and drugs that are harmful as well as exposure to environmental hazards. 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 may include failing to conduct prenatal testing, prescribing medications which increase the chance of birth defects or making a mistake during labor or delivery.

Birth defects and birth injury can be caused by environmental and genetic factors, however, they could also be the result of a doctor's negligence. For example when a doctor does not recognize a congenital disorder in the uterus and fails to notify parents of this impairment, parents can file a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

In order to prevail in a medical malpractice claim in birth defects the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, that he breached the duty, that his actions or lack of action directly caused damage and injuries, and that he or she suffered economic and noneconomic damage from the injuries. These damages could include expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth defects and injuries are preventable by prompt testing and monitoring during pregnancy, which is why it's important for pregnant women to follow their doctors' recommendations about prenatal visits. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of varying severity and impact the way the child behaves, looks and performs. Some are minor and others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic anomalies or a range of environmental and chemcial factors. Exposure to toxic chemicals, for instance causes serious complications in babies. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these chemicals can cause birth defects such as the cleft palate and lips as well as spina bifida, and muscular dystrophy.

Many mothers are exposed an array of toxic chemicals while they are working. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents such as EGE or ethylene glycol (EGE) employed in the production of semiconductors. Parents can also be exposed to these chemicals when they consume certain prescription and over-the-counter drugs. Many medications have not been tested properly on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors is also a major cause. Numerous different chemicals and toxins found in the home as well as in food items can increase the likelihood of having a birth defect. These include fungicides, pesticides and lead, as well as heavy metals, certain paints and other chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant workers, they are negligent and could be held responsible.

Researchers are still unable to identify the exact cause of the specific birth defect. It could be that an interaction between several factors can cause the condition, but the difficulty is assessing these interactions in real time. The National Children's Study is important because it is now underway across several states. The NCS will enroll 100,000 women from a variety of populations as well as follow them and their children for the long-term. This study will provide the most comprehensive information to date on how different environmental factors impact fetal and child health.

Many parents suffering from a child's birth defect are resentful that they have contributed to the condition, however it's often the case that these kinds of issues are inevitable. Our birth defect lawyers understand this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical issue which could have been prevented in the first place, you may be able to compensation through a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine if your child's condition was caused by an exposure to chemicals, medication or other environmental factor that could be eligible for compensation. Your legal team will calculate the total cost of medical expenses for your child's condition in relation to the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are occasions in which a doctor or healthcare worker was negligent before or during labor and delivery. A doctor may prescribe a medicine that hurts a baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the chance of her child developing birth defects. We also have brought birth defect lawsuits against companies that expose workers to harmful substances on the job, such as a paint factory or semiconductor manufacturing companies.