"The Ultimate Cheat Sheet For Birth Defect Litigation

Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's impossible. If this happens, it's vital that parents who are shocked seek the assistance of a seasoned birth defect lawyers.

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

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of medical care in their area of expertise. This could be due to failing to perform prenatal testing or prescribing drugs that increase the risk of birth defects or committing an error birth defect during labor and delivery.

Birth birth defects and birth injuries can be the result of genetic and environmental causes, but occasionally they are caused by an error or negligence of a physician. For instance the case where a doctor does not recognize the presence of a congenital defect in utero and fails to notify the parents of this disability, the parents may bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the handicapped child.

In order to win a medical malpractice lawsuit in birth defects the plaintiff has to prove that the doctor owed a breach of duty to the patient, that he breached that duty, that his actions or inaction action directly triggered damage and injuries, and that he or she was a victim of economic and non-economic damages from the injuries. These damages could include medical expenses or lost wages, as well emotional stress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that the birth defect of your child is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

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

The causes of birth defects can be attributed to genetic anomalies or a wide range of chemical and environmental factors. For instance, exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or medications.

It is well-established in the scientific research that certain toxins and chemicals can enter the placenta and affect the unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

While they are working, many mothers are exposed of toxic chemicals. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may also be exposed poisons when they consume certain prescription and over-the counter drugs. Many medications have not been thoroughly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also play a role. A variety of toxins and chemicals that are present in the home or workplace can increase the risk of a birth defect. These include fungicides, pesticides, lead, heavy metals, some paints and many other chemical substances. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to find the precise cause of a birth defect. It is possible that a combination between multiple factors may cause the condition, but the difficulty is assessing the interactions in real-time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from diverse populations and monitor them and birth defect their children for the long term. This study will provide the most comprehensive information to date on how different environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child are resentful, believing that they caused it. But, these problems are not always preventable. Our birth defect lawyers understand this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to seek compensation through a lawsuit involving birth defects.

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

Although the vast majority are not caused due to medical negligence, there have been cases in which a doctor was negligent during or prior to labor and birth. A physician may incorrectly prescribe a medication that injures the baby before it's born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully defended claims against drug manufacturers in cases where a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her child developing birth defect. We have also brought birth defect lawsuits against companies that expose workers to hazardous substances on the job like a paint factory or semiconductor manufacturing company.