25 Surprising Facts About Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that's impossible. When that becomes a reality it is vital that parents in shock seek out the assistance of skilled birth defect lawyers.

Medical malpractice, 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 occurs when a physician does not adhere to the accepted standards of medical care in their area of expertise. This could mean failing to perform routine prenatal tests or prescribing medications that increase the likelihood of birth defect or making a mistake during labor and delivery.

Birth birth defects and birth injuries are often the result of genetic and environmental causes, however sometimes they are caused by an error or negligence of a physician. If a physician fails to detect congenital defects in utero and fails to inform parents of the condition, parents might be legally able to file a case for compensation in the event of a wrongful birth. for all the costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty of care, that the doctor breached this duty, that the doctor's actions or inability to act led directly to injuries and damages, and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages might include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth problems and injuries can be avoided through timely testing and monitoring during pregnancy. It's essential for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, speak to 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 within the United States. These birth defects can vary in severity and affect the manner in which a child looks and behaves throughout life. Some are minor, whereas others can cause serious problems and even lead to death.

Birth defects can be caused by genetic anomalies or a range of chemcial and environmental factors. For instance, exposure to toxic chemicals could cause serious complications for a newborn. Our company is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful substances or medications.

It is well-established in the scientific research that certain toxins and chemicals can cross the placenta, affecting an unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects, such as the cleft palate, lips and spina Bifida.

Many mothers are exposed a wide variety of toxic chemicals when they are at work. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may also be exposed chemicals when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, environmental exposure can also play a role. A variety of toxins and chemicals that are found in the home workplace, food and work environment can increase the risk of having a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxins is generally inevitable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still unable determine exactly what causes the specific birth defect. It is possible that an interaction between multiple factors may cause the problem, but the issue is evaluating the effects of these interactions in real time. The National Children's Study is important because it is currently underway in several states. The NCS will enroll 100,000 women from representative population and monitor their progress over time and also their children. This study will provide the most complete information to date on how different environmental factors impact fetal as well as child health.

Many parents suffering from a birth defect in their child feel guilty for having contributed to the condition, but it is often the case that these kinds of issues are unavoidable. Our birth defect lawyers know this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided, you may be able to seek compensation through a lawsuit involving birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's condition was caused by chemical exposure, a drug or other environmental factor that is a reason to seek compensation. Your legal team will calculate the total cost of medical bills associated with your child's condition depending on the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are occasions when a healthcare worker was negligent prior to or during labor and birth. A doctor could prescribe a medicine incorrectly, which could harm a baby, even before birth, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted cases against drug companies where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child being born with birth defect. We also have filed birth defect lawsuits against semiconductor and paint factories which expose their employees to hazardous substances when they work.