"The Ultimate Cheat Sheet" For Birth Defect Litigation

Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not feasible. When that becomes a reality it is vital that parents who are in shock seek the help of seasoned birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm (next page) can provide answers.

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of medical care in their area of expertise. This might involve failing to perform routine prenatal testing and prescribing a medication that increases the chance of having a birth defect, or making a mistake during the birth and delivery.

Birth defects and birth injuries can be caused by genetic and environmental causes, however sometimes they occur due to the negligence or malpractice of a doctor. If a physician fails to detect congenital problems in utero and fails to inform parents that their child is disabled, parents may be able to file a claim for compensation due to a birth defect for all expenses associated with their disabled 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 breached this duty, that the doctor's actions or inability to act directly led to injuries and damages, and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages could include medical expenses or lost wages, as well emotional stress.

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

Toxic Chemicals

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

The causes of a child's birth defects can stem from genetic abnormalities or a range of environmental and chemical factors. For instance, exposure to toxic chemicals could cause serious problems for newborns. Our company is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful substances or medications.

It is well-established in the scientific literature that certain toxins and chemicals can cross the placenta to affect the unborn baby. These toxins are teratogenic. Exposure to these chemicals can cause birth defects such as the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed to many toxic chemicals while at work. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the production of semiconductors. These contaminants can also be ingested by parents when they consume certain over-the counter and prescription drugs. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors can also be a significant factor. Many different chemicals and toxins found in the home, workplace and food could increase the chances of having a birth defect. Pesticides and fungicides are among the most commonly used. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is often inevitable. But, when businesses fail to protect pregnant employees, they are negligent and can be held accountable.

Researchers are still unable to identify the exact cause of a specific birth defect. It is possible that a mix of factors may cause the condition. The challenge is to assess these 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 diverse populations as well as follow them and their children for the long-term. This study will provide the most comprehensive data to date about how different environmental factors impact fetal and child health.

Many parents suffering from a birth defect in their child are resentful that they have contributed to the condition, however it's usually the case that these types of defects are unavoidable. Our birth defect lawyers understand this and are committed to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol use during pregnancy to genetics. However, many of these causes are preventable. If your child was diagnosed with a medical issue that could have been prevented, you may be able to claim damages in a lawsuit for birth defects.

A New York birth defect lawyer can assist you determine whether your child's illness is caused by chemical exposure, a medication or other environmental factor that could be eligible for compensation. Based on the severity of your child's condition your legal counsel will also be able calculate the total cost of medical bills suitable for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are instances where a doctor or healthcare worker was negligent before or during labor and delivery. A doctor may prescribe a medicine that hurts the baby before it is born, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted cases against drug companies when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her having a child with a birth defect. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to harmful chemicals when they work.