5 Laws Everybody In Birth Defect Litigation Should Know

Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's not feasible. If that happens, it is essential that stunned parents seek the help of seasoned birth defect 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 help you get answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in their field, it's considered medical malpractice. This could be due to failing to perform prenatal testing, prescribing medications that increase the risk of birth defects or making a mistake during labor and birth.

Birth defects and birth injuries are usually caused by environmental and genetic factors, but they can also be a result of the negligence of a doctor. For instance when a doctor fails to detect the presence of a congenital defect in utero and then fails to notify the parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses incurred by the disabled child.

To prevail in a medical malpractice lawsuit in birth defects the plaintiff must show that the doctor was bound by a duty of care to the patient, that he failed to fulfill that duty, that his actions or lack of action directly led to damages and injuries, and that he was a victim of economic and non-economic damages as a result of the injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the proper testing and monitoring. If you believe that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice lawyer 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 are of various degrees and affect the way that a child acts, looks and performs. Some are minor, while others can lead to serious problems that may be fatal.

The causes of a child's birth defects can be attributed to genetic abnormalities or a variety of environmental and chemical factors. For instance exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful drugs or substances.

It is well-established in scientific research that certain toxins and chemicals can cross the placenta and harm an unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals could cause birth defects like the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed an array of toxic chemicals when they are at work. They can be ingested or inhaled through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) which are used in the production of semiconductors. Parents can also be exposed to these poisons when they consume certain over-the-counter and prescription drugs. Many medications have not been properly tested on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure can also play a role. The presence of numerous toxins and chemical compounds in the workplace, at home and in food can increase the risk of birth defect attorneys defects. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to determine the exact cause of a birth defect. It is possible that a combination of factors can cause the condition. The next step is to analyze these interactions in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enroll 100,000 women from representative population and follow them over time and their children. This study will provide the most comprehensive data 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 feel guilt because they believe they contributed to it. However, these birth defects are usually unavoidable. Our birth defect lawyers know this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Birth problems can be caused by a variety causes, from drug or alcohol use during pregnancy to genes. Fortunately, most of these causes can be prevented. If your child was born with a medical issue which could have been prevented, you may be entitled to claim damages through a birth defect lawsuit.

A New York birth defect lawyer can help you determine whether your child's illness was caused by a medication, chemical exposure or other environmental factor that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness based on the severity.

Although the vast majority are not due to medical negligence, there have been cases where a doctor was negligent during or before labor and birth. A doctor may prescribe a medication in a way that causes harm to a baby even before birth, or may make an error in surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies when a mother's medical care provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her child developing a birth defect. We also have brought birth defect lawsuits against companies that expose workers to dangerous substances at work for example, a paint factory or semiconductor manufacturing company.