5 Laws Anyone Working In Birth Defect Litigation Should Be Aware Of

Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not feasible. When that happens, it is essential 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 help you find answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in their region, it's deemed medical malpractice. This could include failing to perform prenatal screening and prescribing medicines which increase the chance of birth defects, or making an error during labor and birth.

Birth defects and birth injuries are usually the result of genetic and environmental factors, but they can also be a result of the negligence of a physician. For example the case where a doctor is unable to identify an inborn disability and fails to inform the parents of this disability, the parents may file a wrongful birth claim seeking compensation for all the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the physician did not fulfill this duty, that the doctor's actions, or failure to act caused injuries and damages, and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include medical bills and lost wages, as well as emotional distress.

Certain birth injuries and defects are preventable by timely testing and monitoring during pregnancy. Therefore, it's important for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects vary in severity and impact the way that a child appears, behaves and performs in life. Some are minor, but others can lead to serious problems that may be fatal.

The causes of a child's birth defects may be due to genetic abnormalities or a range of chemical and environmental factors. For example exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed in ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta, affecting an unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals may cause birth defects such as cleft lips and palates, spina bifida and muscular dystrophy.

While they are working, many mothers are exposed of toxic chemicals. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) which are used in the manufacture of semiconductors. Parents can be exposed to these chemicals when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors is also a major factor. A variety of toxins and chemicals that are present in the home as well as in food items can increase the risk of having a birth defect. This includes fungicides, pesticides lead, heavy metals, certain paints and other chemical substances. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers aren't able to identify the exact cause of a specific birth defect. It could be that an interaction between multiple factors may cause the condition, but the problem is evaluating these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow them throughout their lives and also their children. This study will provide the most complete data available on how many environmental factors affect fetal and child health.

Many parents who suffer from a birth defect attorney defect in their child are resentful and believe that they were responsible for the defect. However, these issues are usually unavoidable. Our birth defect lawyers understand this and are dedicated in helping families with children who have birth defects.

Product Liability

Birth problems can be caused by many factors, ranging from drug or alcohol use during pregnancy to genes. However, Birth Defect Law Firm many of these causes can be avoided. If your child was diagnosed with a medical issue 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 help you determine whether your child's illness is caused by a medication, chemical exposure or other environmental trigger that is a reason to seek compensation. Your legal team will calculate the total cost of medical bills that are related to your child's illness according to the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are some instances when a healthcare worker has been negligent prior to or during labor and birth. A doctor could incorrectly prescribe a medication which harms the baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully litigated cases where a mother's health care provider was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she will give birth to a child who has birth defects. We have also filed birth defect lawsuits against companies who expose workers to dangerous chemicals at work, such as a paint factory or semiconductor manufacturing companies.