15 Up-And-Coming Trends About Birth Defect Litigation

Birth Defect Lawsuits

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

Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in his or her area, it is considered medical malpractice. It could be a failure to conduct routine prenatal testing or prescribing medications that increase the chance of having a birth defect or making a misstep during labor and birth.

Birth defects and birth injuries are usually caused by environmental and genetic factors however, they can also be the result of the negligence of a doctor. If a doctor fails detect congenital disabilities in utero and fails to inform parents of the problem they may be in a position to file a lawsuit for wrongful birth seeking compensation for all the expenses for their child's disabilities.

To prevail in a medical malpractice case in birth defects the plaintiff must show that the doctor was bound by a duty of care to the patient, and that he did not fulfill this duty, that his actions or lack of action directly caused damages and injuries, and that the patient was a victim of economic and non-economic damages because of the injuries. These damages may include costs of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect in the United States. These defects can vary in severity and impact how a child appears, behaves and performs in life. Some are minor, while others can cause serious issues that could be fatal.

Birth defects can result from genetic defects or a range of chemcial and environmental factors. Exposure to harmful chemicals, for instance could cause serious problems in babies. Our firm is determined to hold employers accountable for the exposure of pregnant women and newborn babies to harmful substances or drugs.

In scientific literature, it has been established that certain chemicals and toxins can 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 spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed of harmful chemicals. They can be ingested, inhaled or absorbed through the skin of the body. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These chemicals can also be consumed by parents who take certain prescription or over-the-counter medications. Many drugs have not been adequately tested on pregnant woman and may cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure is also a major factor. The presence of numerous chemical compounds and toxins in the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most common. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, when employers fail to protect pregnant workers, they are negligent and can be held responsible.

Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the problem is assessing the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from a representative population and follow their progress over time and their children. This study will provide the most complete data available on how various environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child feel guilt, believing that they caused it. But, these problems are usually inevitable. Our birth defect lawyers are aware of this and are committed to helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical condition that could have been prevented and you are entitled to compensation through an action for birth defects.

A New York birth defect attorney will be able to help you determine if the condition of your child is caused by an illness, chemical or environmental exposure that qualifies for compensation. The legal team of your lawyer can estimate the total cost of medical expenses that are related to your child's illness based on the severity.

Although the vast majority are not caused due to medical negligence there are instances where doctors have been negligent during or prior to labor and birth. A doctor might prescribe a medication that harms a baby even before birth, or even make an error during surgery.

Our birth defect attorneys have successfully pursued cases where a mother's health care provider was exposed toxic chemicals or prescription drugs, increasing the likelihood that she will give birth to a child suffering from birth defects. We have also filed birth defect lawsuits against companies that expose their workers to harmful substances on the job in a paint factory or semiconductor manufacturing companies.