"Ask Me Anything": Ten Responses To Your Questions About Birth Defect Litigation

Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes that's not feasible. If that happens, it is essential that parents in shock seek the help of 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 help you find answers.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in their region, it's deemed medical malpractice. This could include failing to conduct prenatal testing, prescribing medications that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries can be caused by genetic and environmental causes, but occasionally they occur due to a doctor's negligence or malpractice. For example when a doctor fails to recognize an inborn disability and fails to inform parents of the disability, the parents can file a wrongful birth claim seeking compensation for the ongoing expenses associated with 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 inability to act directly led to injuries and damages and that the victim suffered economic and non-economic damage as a result of his or her injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Some birth defects and injuries are preventable through timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to follow their doctors' advice about prenatal visits. If you suspect that medical negligence caused the birth defect of your child seek out a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect in the United States. These defects can vary in severity and impact how a child appears, acts and functions in life. Some are minor, but others can cause serious issues and can even be fatal.

Birth defects can be caused by genetic defects or a range of chemcial and environmental causes. For example exposure to toxic chemicals could cause serious complications for a newborn. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn children to harmful substances or drugs.

In the scientific literature, it is well-established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These toxins are called teratogenic. The exposure to these chemicals can cause birth defects like the cleft palate and lips as well as spina bifida, birth defect law firm and muscular dystrophy.

While they are working, many mothers are exposed to a variety of toxic chemicals. They can be inhaled, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription and over-thecounter medicines. Many medications have not been tested properly on pregnant woman and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors is also a major factor. The presence of many different chemical compounds and toxins in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable pinpoint exactly what causes a specific birth defect. It is possible that an interaction between multiple factors may cause the condition, but the challenge is evaluating the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative population and track their progress over time and their children. This study will provide most comprehensive information about how environmental factors affect the health of infants and children.

Many parents who suffer from a birth defect in their child are resentful and believe that they are responsible for it. But, these problems are often unavoidable. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Birth problems can be caused by a variety of causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, a lot of these issues can be prevented. If your child was diagnosed with a medical issue that could have been avoided, you may be able to recover damages in a lawsuit for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's illness is caused by an exposure to chemicals, medication or other environmental trigger that could be eligible for compensation. Depending on the degree of your child's illness your legal team will also be able calculate the total cost of associated medical bills that are qualified for compensation.

While the vast majority of birth defects aren't caused by medical negligence, there are some instances when a healthcare worker was negligent before or during labor and delivery. A doctor may prescribe a medication incorrectly that can harm a baby before birth, or may make an error in surgery.

Our birth defect attorneys have successfully prosecuted claims where a mother's health care provider was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she would give birth to a child with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers who expose their workers to dangerous chemicals when they work.