"Ask Me Anything:10 Responses To Your Questions About Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's impossible. When this happens, it's essential that parents who are stunned seek the assistance of experienced 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 get answers.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in his or her region, it's deemed medical malpractice. This might involve failing to perform routine prenatal testing or prescribing medication that increases the risk of a birth defect or making a misstep during the labor and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental factors, however, they could also be the result of a doctor's negligence. For example in the event that a physician fails to recognize a congenital disability in utero 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.

In order to win a medical negligence case in birth defect cases the plaintiff must demonstrate that the doctor was bound by a duty of duty to the patient, that he failed to fulfill that duty, that his actions or lack of action directly triggered damages and injuries, and that the plaintiff was a victim of economic and non-economic damages as a result of the injuries. These damages could include medical bills or lost wages, as well emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the required tests and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year, thousands of children are born with a type of birth defect in the United States. These birth defects can be of varying severity and affect the way that the child behaves, looks and functions. Some are minor, whereas others can cause serious issues and can even be fatal.

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

It is well-established in the scientific research that certain toxins and chemicals can enter the placenta and harm an unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals may cause birth defects like cleft lips and Birth defect Lawsuit palates as well as spina bifida, and muscular dystrophy.

While working, mothers are exposed to a range of harmful chemicals. These chemicals can be consumed, inhaled or absorbed into the body's skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. Parents can also be exposed poisons when they consume certain prescription and over-the-counter drugs. Many pharmaceuticals have not been adequately tested on pregnant woman and may cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, environmental exposure can also be a significant factor. The presence of a variety of chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. These include pesticides, fungicides lead, heavy metals, some paints and various chemical substances. Exposure to toxic substances is almost always inevitable. However, if companies do not take precautions to protect pregnant employees, they are negligent and can be held accountable.

Researchers are unable to pinpoint exactly what causes a specific birth defect. It is possible that a combination between several factors can cause the condition, but the problem is assessing the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from diverse populations and will follow them and their children over the long run. This study will provide the most complete information to date on how many environmental factors influence fetal and child health.

Many parents suffering from a child's birth defect feel guilty that they somehow contributed to the disorder, but it's usually the case that these kinds of problems are a given. Our birth defect lawyers understand this and are committed to helping families whose children are born who have birth defects.

Product Liability

Many birth defects result from a variety of factors that range 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 issue which could have been prevented and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if your child's condition is caused by a medication, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's condition your legal counsel will also be able calculate the total cost of associated medical expenses that are eligible for compensation.

While the majority of these cases are not the result of medical negligence there are instances in which a doctor was negligent prior to or during labor and delivery. A doctor may prescribe a medication which harms the baby before it's born, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her having a child with birth defects. We also have brought birth defect lawsuits against companies who expose workers to hazardous substances at work, such as a paint factory or semiconductor manufacturing company.