What's The Ugly Reality About Birth Defect Litigation

Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not possible. If that happens it is vital that parents who are in shock seek the help of experienced birth defect lawyers.

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

Medical Malpractice

Medical negligence occurs when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This could mean failing to perform routine prenatal testing or prescribing medication that increases the likelihood of birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries are usually caused by genetic and environmental factors, however, they could also be a result of the negligence of a physician. For example when a doctor does not recognize an inborn disability and fails to notify the parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases demands that the doctor owed the patient a duty of care, that the physician breached 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 losses as a result of his or her injuries. These damages may include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the proper testing and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These defects vary in severity and impact manner in which a child looks and behaves in life. Some are minor while others can cause serious issues and can even be fatal.

The causes of birth defects can stem from genetic disorders or a range of environmental and chemical factors. Exposure to toxic chemicals, for example causes serious complications in babies. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or medications.

It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta and harm an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects, such as the cleft palate, lips and spina bifida.

While working, mothers are exposed to a range of harmful chemicals. These chemicals can be ingested, inhaled or absorbed through the body's skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. Parents can also be exposed toxins when they are consuming certain prescription and over-the counter drugs. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors can also play a role. A variety of toxins and chemicals found in our homes or workplace can increase the likelihood of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. But, when businesses fail to protect pregnant employees, they're negligent and could be held accountable.

Researchers are still trying to find the precise cause of a birth defect. It is possible that a variety of factors can cause the condition. The next step is to analyze the effects of these factors in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from a variety of populations as well as follow them and their children over the course of time. This study will provide the most comprehensive data to date on how many environmental factors influence fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the condition, but it's often the case that these kinds of issues are not a choice. Our birth defect lawyers understand this and are dedicated to helping families seek justice for children who suffer from birth defect lawyer defects.

Product Liability

Birth problems can be caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes can be avoided. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to claim damages through an action for birth defects.

A New York birth defect lawyer can help you determine whether your child's condition is the result of a medication, chemical exposure or other environmental trigger which is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses associated with your child's condition depending on the severity.

While the majority of cases are not caused due to medical negligence, there have been cases where doctors have been negligent during or before labor and delivery. A physician may incorrectly prescribe a medication which harms the baby before it's born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully defended claims against drug manufacturers in cases where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her having a child born with birth defects. We also have brought birth defect lawsuits against companies that expose their workers to hazardous substances while working like a paint factory or semiconductor manufacturing companies.