Birth Defect Litigation s History History Of Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not feasible. When that becomes a reality, it is essential for parents to seek the help of 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 defects law firm can assist.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in his or her area, it is deemed medical malpractice. This might involve failing to perform routine prenatal tests and prescribing a medication that increases the risk of a birth defect or making a mistake during labor and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental causes, but occasionally they are caused by the negligence or malpractice of a doctor. If a doctor fails to detect congenital defects in utero and fails to inform the parents of the condition, parents might be legally able to file a case for wrongful birth seeking compensation for all costs related to their child's disability.

To prevail in a medical malpractice claim in birth defect cases the plaintiff has to prove that the doctor was bound by a duty of duty to the patient, that he breached the duty, that his actions or lack of action directly triggered damages and injuries and that the plaintiff was a victim of economic and non-economic damages from the injuries. These damages might include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects are preventable through timely testing and monitoring during pregnancy, which is why it's important for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of varying severity and impact the way a child acts, looks and performs. Some are minor, but others can cause serious problems and may even cause death.

Birth defects can be caused by genetic defects or a range of chemcial and environmental causes. Exposure to toxic chemicals, for example, can cause serious complications in a newborn. Our firm is committed in holding employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

In the scientific literature, it has been established that certain chemicals and toxins may traverse the placenta and affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects, such as cleft lips, palates and spina Bifida.

Many mothers are exposed various toxic chemicals while at work. They can be ingested, inhaled or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) which are used in the production of semiconductors. Parents can also be exposed chemicals when they consume certain prescription and over-the-counter drugs. Many drugs have not been thoroughly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only cause. Many different toxins and chemicals found in our homes, workplace and food can increase the risk of a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, Birth defect lawsuits paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that a combination of factors may cause the condition. The challenge is to assess the effects of these factors 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 populations and monitor them and their children for the course of time. This study will provide the most complete data to date on how a variety of environmental factors affect fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the condition, but it's usually the case that these types of defects are unavoidable. Our birth defect lawyers know this and are dedicated to helping families seek justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by a variety causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be cured. If your child was born with a medical issue that could have been prevented and you are entitled to claim damages through an action for birth defects.

A New York birth defect lawyer can help you determine whether your child's illness is caused by an exposure to chemicals, medication or any other environmental cause which is eligible for compensation. Based on the severity of your child's illness, your legal team will also be able calculate the total cost of medical bills eligible for compensation.

While the majority of cases are not due to medical negligence there are instances where a doctor was negligent during or before labor and delivery. A physician may incorrectly prescribe a medication that injures the baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully defended claims in which a mother’s health care provider was exposed to toxic chemicals or prescription drugs which increased the risk that she would give birth to a child with birth defects. We have also brought birth defect lawsuits against companies who expose workers to dangerous substances at work in a paint factory or semiconductor manufacturing company.