The 10 Scariest Things About Birth Defect Litigation

Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's not possible. If this happens it is crucial for parents to seek the help of seasoned birth defect lawyers.

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

Medical Malpractice

If a doctor does not follow the accepted standard of practice in his or her area, it is deemed medical malpractice. This could include failing to conduct routine prenatal testing and prescribing a medication that increases the likelihood of a birth defect or making a mistake during the birth and delivery.

Birth defects and birth injuries are often caused by environmental and genetic factors, however, they can also be a result of the negligence of a doctor. If a doctor fails to detect congenital problems in utero and fails to inform parents, the parents may be eligible to file a claim for compensation due to a birth defect for all the expenses for their child's disabilities.

In order to win a medical malpractice lawsuit in birth defects the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, that he failed to fulfill this duty, that his actions or lack of action directly triggered injuries and damages and that he was a victim of economic and non-economic damages due to the injuries. These damages could include medical bills, lost wages and emotional stress.

Certain birth injuries and defects are preventable by timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to follow their doctors' advice about prenatal visits. If you suspect that medical negligence caused your child's birth defects Contact a medical negligence and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects can vary in severity and impact the manner in which a child looks, acts and functions in life. Some are minor, but others can cause serious problems that may be fatal.

Birth defects can be caused by genetic abnormalities or a variety of chemcial or environmental factors. Exposure to harmful chemicals, for instance can trigger serious complications in babies. Our firm is committed in bringing employers to account when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

In scientific literature, it has been established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as the cleft palate and lips as well as spina Bifida and muscular dystrophy.

While working, mothers are exposed to a range of toxic chemicals. These chemicals can be consumed, inhaled or absorbed into the body's skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the manufacturing of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been adequately tested on pregnant women and may 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. The presence of numerous toxins and chemical compounds in the home, at work and in food items can increase the risk of birth defects. These include fungicides, pesticides lead, heavy metals, some paints and many other chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant workers they're negligent and could be held accountable.

Researchers are unable to determine exactly what causes the specific birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the challenge is assessing the effects of these interactions in real time. The National Children's Study is important because it is now underway in a number of states. The NCS will enroll 100,000 women from representative population and monitor them throughout their lives and also their children. This study will provide most comprehensive data on how environmental factors affect the health of infants and children.

Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the problem, but it's usually the case that these kinds of issues are a given. Our birth defect attorneys understand this and are dedicated in helping families whose children are born with birth defects.

Product Liability

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

A New York birth defect attorney can assist you to determine if your child's problem is due to an illness, chemical or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills related to your child's condition based on the severity.

While the vast majority of birth defects aren't caused by medical negligence, there are occasions where a doctor or healthcare worker was negligent before or during labor and birth. A doctor might prescribe a medication in a way that can harm a baby before birth, or even make an error during surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child being born with birth defects. We have also brought birth defect lawsuits against semiconductor and paint factories who expose their workers to toxic chemicals while during their work.