The Ugly Truth About Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that's not possible. When that happens it is crucial that stunned parents seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of care in his or her field. This might involve failing to perform routine prenatal tests or prescribing medication that increases the likelihood of birth defect or making a misstep during the labor and delivery.

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

To prevail in a medical negligence case in birth defect cases the plaintiff has to prove that the doctor birth defect law firm was bound by a duty of duty to the patient, that he breached the duty, that his actions or inaction action directly caused damage and injuries, and that the plaintiff suffered economic and noneconomic damage as a result of the injuries. These damages could include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth injuries and defects are preventable with timely testing and monitoring during pregnancy, so it's crucial for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you believe that your child's birth defect is the result of medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect in the United States. These defects can be of varying severity and affect the way that children behave, appear and functions. Some are minor while others can cause serious issues and may even cause death.

The causes of birth defects may be due to genetic disorders or a range of chemical and environmental factors. For example, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed in making employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

It is well-established in the scientific research that certain toxins as well as chemicals can cross the placenta and harm an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as the cleft lip and palate, spina bifida and muscular dystrophy.

Many mothers are exposed to an array of toxic chemicals while they are working. They can be ingested or inhaled, or absorbed by the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These toxins can also be ingested by parents when they consume certain prescription and over-thecounter medicines. This is because many pharmaceuticals are not adequately tested on pregnant women and have been found to 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. Numerous different chemicals and toxins that are present in the home or workplace can increase the chance of a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints and other chemical substances. Exposure to these toxins is often inevitable. However, when companies fail to safeguard pregnant employees, they're negligent and could be held responsible.

Researchers aren't able to pinpoint exactly what causes a particular birth defect. It could be that an interaction with multiple factors could trigger the condition, but the problem is evaluating the interactions in real-time. The National Children's Study is important because it is now underway across several states. The NCS will enroll 100,000 women from representative population and monitor their progress over time, as well as their children. This study will provide the most complete information on the effects of environmental factors on fetal and childhood health.

Many parents who have a birth defect in their child are resentful and believe that they are responsible for it. However, these issues are not always preventable. Our birth defect attorneys understand this and are committed to helping families whose children are born with birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical issue that could have been prevented it is possible to seek compensation through an action for birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's condition is the result of chemical exposure, a medication or any other environmental cause that is eligible for compensation. Depending on the severity of your child's condition your legal counsel will also be able to calculate the full cost of the associated medical bills that are qualified for compensation.

Although the majority of birth defects aren't caused due to medical negligence, there are instances where a healthcare worker has been negligent before or during labor and birth. A doctor might incorrectly prescribe a medication that harms the baby before it's born, or they may make a mistake during surgery.

Our birth defect attorneys have successfully defended claims in which a mother’s health care provider was exposed to prescription drugs or toxic chemicals which increased the chances that she could give birth to a child with birth defects. We also brought birth defect lawsuits against companies that expose employees to dangerous chemicals while working for example, a paint factory or semiconductor manufacturing company.