25 Surprising Facts About Birth Defect Litigation

Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that’s not possible. When that happens, it is essential for parents to seek the help of experienced birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in his or her field, it’s considered medical malpractice. This may include not performing prenatal tests or prescribing drugs that increase the risk of birth defects or committing an error during labor or delivery.

Birth defects and birth injuries are often caused by genetic and environmental causes, however sometimes they are the result of a doctor’s negligence or malpractice. For example when a doctor fails to recognize an inborn disability and then fails to notify the parents of this impairment, parents can pursue a wrongful birth lawsuit seeking compensation for the lifelong costs associated with the disabled child.

In order to prevail in a medical negligence case in birth defect cases the plaintiff has to prove that the doctor owed a breach of duty to the patient, and that he violated that duty, that his actions or inaction action directly resulted in damages and injuries, and that the patient was a victim of economic and non-economic damages because of the injuries. These damages could include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the required tests and monitoring. If you believe that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects can vary in severity and affect the way a child looks, birth defect law firm behaves and performs in life. Some are minor while others can cause serious problems and can even be fatal.

Birth defects can be caused by genetic disorders or a variety of chemcial and environmental causes. For instance exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed in making employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

In scientific research, it is known that certain chemicals and toxins can be transmitted through the placenta, affecting the unborn child. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects like Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed to a variety of harmful chemicals. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. These contaminants can also be ingested by parents when they take certain prescription and over-the-counter drugs. Many medications have not been tested properly 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 reason. The presence of a variety of chemicals and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and other chemical substances. Exposure to these toxins is almost always inevitable. However, when companies fail to safeguard pregnant employees, they’re negligent and could be held responsible.

Researchers are still trying to determine the exact cause of a birth defect. It is possible that an interaction between several factors can cause the problem, but the issue is evaluating these interactions in real-time. The National Children’s Study is important because it is in progress in a number of states. The NCS will enroll 100,000 women from a representative population and follow their progress over time and their children. This study will provide the most comprehensive data to date about 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 condition, however it is often the case that these kinds of issues are inevitable. Our birth defect lawyers are aware of this and are dedicated to helping families seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes can be prevented. If your child was born with a medical condition that could have been prevented and you are entitled to compensation through an action for birth defects.

A New York birth defect lawyer can assist you determine whether your child’s condition is the result of an exposure to chemicals, medication or other environmental factor that is eligible for compensation. Based on the severity of your child’s condition your legal counsel will also be able calculate the full cost of the associated medical expenses that are suitable for compensation.

While the vast majority of birth defects aren’t caused due to medical negligence, there are some instances when a healthcare worker is negligent prior to or during labor and birth. A doctor could prescribe a medication incorrectly that harms a baby even before birth, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers in which a mother’s health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child with a birth defect attorneys defect. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to dangerous chemicals in the workplace.