A Brief History Of Birth Defect Litigation History Of Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that's not feasible. If this happens, it's important that parents who are shocked seek the help of experienced birth defects lawyers.

Birth injuries and birth defects birth defects could be caused by medical malpractice and drugs that are harmful as well as exposure to environmental hazards. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of medical care in their field. This might involve failing to conduct routine prenatal tests or prescribing medication that increases the risk of a birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries can be caused by environmental and genetic factors but they can also be the result of a doctor's negligence. For example the case where a doctor fails to recognize an inborn disability and fails to notify parents of this disability, the parents may bring a wrongful birth claim seeking compensation for all the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor has a responsibility to the patient of care, that the physician violated that duty, the doctor's actions or inability to act directly led to injuries and damages and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical expenses, lost wages and emotional distress.

Prenatal visits are essential to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These birth defects can be of various severity and affect the way that the child behaves, looks and performs. Some are minor and others can cause serious problems that may be fatal.

Birth birth defects can be caused by genetic anomalies or a range of chemcial and environmental causes. Exposure to harmful chemicals, for example causes serious complications in a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or drugs.

It is well-established in the scientific research that certain toxins as well as chemicals can enter the placenta to affect the unborn baby. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects like the cleft palate, lips and spina bifida.

While working, mothers are exposed of harmful chemicals. These chemicals can be inhaled, inhaled or absorbed into the body's skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may also be exposed toxins when they are consuming certain over-the-counter and prescription drugs. A lot of pharmaceuticals haven't been adequately tested on pregnant women and have led to birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only reason. Many different toxins and chemicals found in the home as well as in food items can increase the chance of a birth defect. These include pesticides, fungicides and lead, as well as heavy metals, some paints and many other chemical substances. Exposure to these toxic substances is usually unavoidable. However, if companies fail to protect pregnant employees, they're negligent and may be held accountable.

Researchers aren't able to pin down exactly what causes a specific birth defect. It is possible that a combination of factors can trigger the condition. The trick is to study 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 enrol 100 women from the representative population as well as follow them and their children for the course of time. This study will provide most comprehensive data on how environmental factors affect the health of children and fetuses.

Many parents who are suffering from a child's birth defect are resentful that they have contributed to the condition, but it's usually the case that these kinds of problems are a given. Our birth defect attorneys understand this and are committed to helping families with children with birth defects.

Product Liability

Birth defects can be caused by many factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided, you may be able to claim damages in a lawsuit involving birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's condition is the result of an exposure to chemicals, medication or any other environmental cause which is eligible for compensation. Based on the severity of your child's health condition, your legal team will be able to estimate the full cost of the medical bills that are eligible for compensation.

Although the majority of birth defects are not caused by medical negligence, there are cases when a healthcare worker is negligent before or during labor and delivery. A doctor could prescribe a medication incorrectly that could harm a baby, even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully prosecuted allegations that a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the risk that she would give birth to a child with birth defects. We also have filed birth defect lawsuits against semiconductor and paint factories that expose their workers harmful chemicals when they work.