25 Unexpected Facts About Birth Defect Litigation

Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's not feasible. When that happens it is crucial that parents in shock seek the help of seasoned birth defect lawyers.

Birth defects and injuries can be caused by medical negligence or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in his or birth defect lawyer her region, it's deemed medical malpractice. This could be due to not performing prenatal tests, prescribing medications that increase the likelihood of birth defects, or making an error during labor and delivery.

Birth defects and birth injuries can be caused by environmental and genetic factors however, they can also be caused by an error by a doctor. For instance the case where a doctor fails to detect an inborn disability and then fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the physician breached this duty, that the doctor's actions or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic losses due to his or her injuries. These damages may include costs of medical bills, lost wages, pain and birth defect lawyer suffering, and emotional distress.

Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy. It's crucial for pregnant women to adhere to their doctor's advice regarding their prenatal visits. If you believe that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect the manner in which a child looks, behaves and performs in life. Some are minor, while others can cause serious issues that could be fatal.

The reasons for a child's birth defects can stem from genetic defects or a range of environmental and chemical factors. For example, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

In the scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These chemicals are teratogenic. Teratogenic chemicals can cause birth defects like lips, palates, and clefts as well as spina bifida.

Many mothers are exposed a wide variety of toxic chemicals when they are working. These chemicals can be breathed in or inhaled through the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE), which are used in the manufacturing of semiconductors. Parents can be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. Many drugs have not been tested properly on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors can also play a role. The presence of many different chemicals and toxins in the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most frequent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxins is often inevitable. However, if companies fail to protect pregnant workers they're negligent and could be held responsible.

Researchers are still unable to pin down exactly what causes the specific birth defect. It is possible that a combination of factors may cause the condition. The challenge is to analyze the effects of these factors in real-time. The National Children's Study is important since it is currently in process in a variety of states. The NCS will enroll 100,000 women from representative population and follow their progress over time and their children. This study will provide the most complete information to date on how a variety of environmental factors affect fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the disorder, but it is the norm that these kinds of problems are not a choice. Our birth defect lawyers understand 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 factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided or prevented, you might be able to get compensation in lawsuits for birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's illness was caused by a medication, chemical exposure or other environmental factor that is a reason to seek compensation. Based on the severity of your child's condition your legal team will also be able to calculate the total cost of medical bills eligible for compensation.

While the majority of these cases are not caused due to medical negligence however, there have been instances where doctors have been negligent during or before labor and birth. A physician may incorrectly prescribe a medication which harms an infant before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully pursued cases against drug companies in which a mother's health care provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her having a child born with a birth defect. We also have filed birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to dangerous chemicals in the workplace.