The Three Greatest Moments In Birth Defect Litigation History

Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not always possible. If this happens it is vital for parents to seek the assistance of experienced birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a physician fails to adhere to the accepted standard of practice in his or her region, it's deemed medical malpractice. This may include failing to perform prenatal screening or prescribing drugs that increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental factors, however, they can also be a result of the negligence of a physician. For example the case where a doctor does not recognize the presence of a congenital defect in utero and fails to inform the parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifelong expenses incurred by the disabled child.

To win a medical malpractice lawsuit in birth defect cases, the plaintiff must prove that the doctor was bound by a duty of care to the patient, that he breached this duty, that his actions or lack of action directly caused damages and injuries and that the plaintiff suffered economic and non-economic losses as a result of the injuries. These damages could include medical expenses, lost wages and emotional stress.

Some birth defects and injuries are preventable by timely testing and monitoring during pregnancy, so it's important for pregnant women to follow their doctors' advice regarding their prenatal visits. If you suspect that medical malpractice caused the birth defect of your child seek out a medical malpractice and birth defect lawsuit injury lawyer as soon as you can.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These birth 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 and even be fatal.

Birth defects can result from genetic disorders or a variety of chemcial and environmental causes. Exposure to toxic chemicals, for example could cause serious problems in the infant. Our firm is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

In the scientific literature, it has been established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects like lip clefts, palates, and spina Bifida.

Many mothers are exposed to an array of toxic chemicals while working. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the production of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription and over-thecounter medicines. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors is also a major cause. Many different chemicals and toxins that are present in the home or workplace could increase the chances of having a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints, and other chemical substances. Exposure to toxic substances is almost always inevitable. However, when employers fail to protect pregnant employees they are negligent and could be held accountable.

Researchers are still unable to identify the exact cause of a specific birth defect. It is possible that a combination between multiple factors may cause the condition, but the challenge is evaluating the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from a representative population and follow them throughout their lives and their children. This study will provide the most complete information to date on how various environmental factors impact fetal and child health.

Many parents who have a birth defect in their child are resentful because they believe they were responsible for the defect. However, these defects are not always preventable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was born with a medical condition that could have been avoided in the first place, you may be able to recover damages through an action for birth defects.

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

While the vast majority of birth defects aren't caused due to medical negligence, there are occasions where a healthcare worker has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medication that harms a baby before it is born, or commit a mistake during surgery.

Our birth defect attorneys have successfully pursued claims where a mother's health care provider was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she would give birth to a baby with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to hazardous substances during their work.