Birth Defect Litigation: The Good, The Bad, And The Ugly

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. If this happens, it's important parents who are shocked seek the assistance of a seasoned birth defect lawyers.

Birth injuries and birth defects could be caused by medical negligence and drugs that are harmful, and environmental exposure. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of medical care in their field. This could include not performing prenatal tests or prescribing medications that increase the risk of birth defects, or making an error during labor and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental causes, but sometimes they are caused by medical negligence or malpractice. For example the case where a doctor fails to detect the presence of a congenital defect in utero and then fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the physician had a duty to the patient of care, that the physician violated that duty, the doctor's actions or inability to act directly caused injuries and damages, and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Some birth injuries and defects can be prevented through timely testing and monitoring during pregnancy, so it's important for pregnant women to adhere to their doctor's recommendations regarding prenatal visits. If you suspect that the birth defect of your child is the result of medical malpractice, contact an experienced 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 may be of different severity and impact the way a child acts, looks and functions. Some are minor and others can cause serious issues that could be fatal.

The reasons for a child's birth defects can be attributed to genetic defects or a variety of environmental and chemical factors. Exposure to toxic chemicals, for example causes serious complications in the newborn. Our company is committed to making employers accountable when they expose pregnant women or their unborn children to harmful medications or substances.

In the scientific literature, it is established that certain chemicals and toxins can traverse the placenta and affect an unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals could cause birth defects like the cleft lip and palate as well as spina Bifida and muscular dystrophy.

While working, many mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents when they consume certain over-the counter and prescription drugs. Many drugs have not been properly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of Piedmont Birth Defect Attorney defects, exposure to environmental factors can also be a significant factor. Many different toxins and Piedmont birth defect attorney chemicals found in our homes or workplace can increase the likelihood of having a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints, and various chemical compounds. Exposure to these toxic substances is almost always inevitable. But, when businesses fail to protect pregnant employees they are negligent and can be held responsible.

Researchers are still trying to determine the specific cause of a birth defect. It is possible that an interaction between multiple factors may cause the problem, but the issue is assessing these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enrol 100,000 women from a variety of populations and will follow them and their children over the long term. This study will provide the most comprehensive data available on how various environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty because they believe they were responsible for the defect. However, these defects are usually inevitable. Our birth defect lawyers are aware of this and are dedicated in helping families whose children are born with birth defects.

Product Liability

Many birth defects are caused by a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. However, many of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided, you may be able to recover damages in a lawsuit involving birth defects.

A New York birth defect attorney can assist you to determine if your child's illness is due to a medication, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's condition, your legal team will be able to estimate the total cost of associated medical bills that are eligible for compensation.

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

Our santa ana birth defect attorney defect lawyers have successfully defended claims where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she will give birth to a child who has birth defects. We have also brought birth defect lawsuits against semiconductor and paint factories which expose their employees to dangerous chemicals in the workplace.