The Ugly Facts About Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's impossible. When that becomes a reality it is vital that parents who are in shock seek the help of experienced birth defect lawyers.

Birth injuries and birth defects could be caused by medical malpractice and drugs that are harmful and exposure to environmental factors. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of medical care in their area of expertise. This could include failing to perform routine prenatal testing or prescribing medication that increases the likelihood of a birth defect or committing a lapse during the labor and delivery.

Birth defects and birth injury are often caused by environmental and genetic factors but they can also be the result of the negligence of a physician. For example, if a physician is unable to identify a congenital disability in utero and then fails to notify the parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the ongoing costs associated with the disabled child.

In order to win a medical malpractice case in birth defects the plaintiff must show that the doctor owed a duty of care to the patient, and that he did not fulfill the duty, that his actions or lack of action directly triggered injuries and damages and that he suffered economic and non-economic losses because of the injuries. These damages could include costs of medical bills lost wages, pain and suffering, and emotional distress.

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to adhere to their doctor's recommendations about prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with a form of birth defect in the United States. These birth defects can be of varying severity and impact the way children behave, appear and performs. Some are minor and others can lead to serious problems that may be fatal.

Birth defects can result from genetic anomalies or a range of environmental and chemcial factors. For example exposure to toxic chemicals can cause serious health issues for newborns. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or drugs.

In the scientific literature, it has been established that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals could cause birth defects like cleft lips, palates and spina Bifida.

While they are working, mothers are exposed a variety of harmful chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the manufacture of semiconductors. These chemicals can also be consumed by parents who take certain prescription and over-thecounter medicines. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been proven to cause birth defect attorney defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only reason. Many different chemicals and toxins that are found in the home as well as in food items could increase the chances of having a birth defect. This includes fungicides and pesticides lead, heavy metals, certain paints and other chemical compounds. Exposure to these toxins is generally inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that a combination of factors can cause the condition. The problem is to evaluate the effects of these factors in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enroll 100,000 women from representative populations and will follow them over time, as well as their children. This study will provide the most complete data to date about how different environmental factors impact fetal and child health.

Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the condition, however it is the norm that these kinds of issues are not a choice. Our birth defect attorneys understand this and are dedicated in helping families who have children with birth defects.

Product Liability

Birth problems can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes are preventable. If your child was born with a medical condition that could have been avoided or prevented, you could be entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine if your child's condition is the result of chemical exposure, a drug or any other environmental cause that could be eligible for compensation. Your legal team will calculate the total cost of medical expenses associated with your child's condition according to the severity.

While the majority of cases are not the result of medical negligence, there have been cases in which a doctor was negligent during or prior to labor and delivery. A doctor might incorrectly prescribe a medication that harms the baby before it's born, or they may make an error during surgery.

Our birth defect lawyers have successfully defended cases where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chance that she could give birth to a child with birth defects. We also brought birth defect lawsuits against companies that expose workers to dangerous chemicals in the workplace in a paint factory or semiconductor manufacturing companies.