How To Beat Your Boss Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's impossible. When this happens, it's important that parents who are shocked seek the assistance of experienced birth defects lawyers.

Birth defects and injuries can result from medical malpractice and drugs that are harmful, and environmental exposure. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her area of expertise. This might involve failing to perform routine prenatal testing, prescribing medication that increases the chance of having a birth defect or making a misstep during the labor and delivery.

Birth defects and birth injuries are often caused by genetic and environmental causes, but occasionally they arise due to a doctor's negligence or malpractice. For instance when a doctor is unable to identify a congenital disorder in the uterus and then fails to notify the parents of this condition, parents may make a claim for wrongful birth seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases must prove that the physician has a responsibility to the patient of care, that the doctor violated this duty, the doctor's actions or failure to act led directly to injuries and damages and that the victim was harmed economically and non-economically as a result of the injuries. These damages could include medical expenses, lost wages and emotional stress.

Prenatal visits are important to ensure that pregnant women receive the necessary testing and monitoring. If you believe that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with a type of birth defect in the United States. These birth defects may be of different severity and affect the way that a child acts, looks and performs. Some are minor, while others can cause serious issues and may even cause death.

Birth problems can be caused by genetic defects or a range of chemcial and environmental factors. For instance exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed in making employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

In scientific literature, it is well-established that certain chemicals and toxins can cross the placenta to affect the unborn child. These toxins are teratogenic. These teratogenic chemicals may cause birth defects such as the cleft palate, lips and spina Bifida.

While working, mothers are exposed to a range of toxic chemicals. These chemicals can be ingested or inhaled through the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) employed in the production of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs are not adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also be a significant factor. Numerous different chemicals and toxins found in the home or workplace can increase the likelihood of having a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints, and various chemical substances. Exposure to these toxins is often inevitable. However, if companies do not take precautions to protect pregnant employees they are negligent and could be held accountable.

Researchers are unable to pinpoint exactly what causes a specific birth defect. It is possible that a combination between a variety of factors could cause the condition, but the challenge is evaluating the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative population and monitor them over time as well as their children. This study will provide the most comprehensive data to date on how various environmental factors impact fetal as well as child health.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the condition, but it's usually the case that these kinds of problems are a given. Our birth defect lawyers recognize this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was born with a medical issue which could have been prevented and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine whether your child's condition was caused by chemical exposure, a drug or another environmental trigger that could be eligible for compensation. Based on the severity of your child's health condition your legal counsel will also be able to calculate the total cost of medical bills that are qualified for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are some instances when a healthcare professional has been negligent prior to or during labor and birth. A doctor could prescribe a medication that causes harm to a baby even before the birth, or make an error during surgery.

Our birth defect lawyers have successfully litigated claims where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child with birth defects. We have also brought birth defect lawsuits against companies who expose workers to hazardous substances at work, such as a paint factory or semiconductor manufacturing companies.