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

Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not possible. If this happens it is crucial that stunned parents seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This may include failing to perform prenatal testing, prescribing medications that increase the risk of birth defects, or making an error during labor or delivery.

Birth birth defects and birth injuries are typically the result of genetic and environmental causes, but occasionally they occur due to a doctor's negligence or malpractice. If a doctor fails detect congenital disabilities during pregnancy and fails to inform the parents that their child is disabled, parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the physician violated that duty, the doctor's negligence or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic damage due to his or her injuries. These damages could include medical bills and lost wages, as well as emotional stress.

Prenatal visits are crucial 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, contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These defects are of various degrees and affect the way that children behave, look and performs. Some are minor and others can cause serious issues that could be fatal.

The causes of a child's birth defects can be attributed to genetic disorders or a variety of chemical and environmental factors. For example exposure to toxic chemicals could cause serious problems for a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.

In scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects, such as lip clefts, palates, and spina Bifida.

Many mothers are exposed to various toxic chemicals while working. They can be inhaled or inhaled through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents may be exposed to these poisons when they consume certain prescription and over-the counter drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, exposure to environmental factors is also a major cause. Many different toxins and chemicals that are found in the home workplace, food and work environment can increase the risk of having a birth defect. These include pesticides, fungicides lead, heavy metals, some paints and other chemical substances. Exposure to these toxic substances is generally inevitable. However, when employers fail to safeguard pregnant employees they are negligent and could be held responsible.

Researchers are unable to pinpoint exactly what causes a particular birth defect. It is possible that a mix of factors can cause the condition. The problem is to evaluate the effects of these factors 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 representative population and track their progress over time and also their children. This study will provide most complete information on how environmental factors affect the health of infants and children.

Many parents who suffer from a birth defect in their child are resentful because they believe they are responsible for it. However, these defects are often 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 are caused by a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was diagnosed with a medical issue that could have been avoided and prevented, you could be able to recover damages in a lawsuit for birth defects.

A New York birth defect attorney will be able help you determine if your child's condition is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate 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 are not caused due to medical negligence, there are cases where a doctor or healthcare worker is negligent before or during labor and delivery. A doctor could incorrectly prescribe a medicine that hurts an infant before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully pursued claims against drug manufacturers in cases where a mother's health care provider has been exposed to prescription medicines or birth defect law firm toxic chemicals that increase the likelihood of her having a child with birth defects. We have also brought birth defect lawsuits against companies who expose workers to dangerous substances in the workplace in a paint factory or semiconductor manufacturing company.