Birth Defect Litigation's History History Of Birth Defect Litigation

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Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's impossible. When that becomes a reality it is vital that parents in shock seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous medications, 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 his or her field, it's considered medical malpractice. This could mean failing to perform routine prenatal tests, prescribing medication that increases the chance of having a birth defect or committing a lapse during the birth and delivery.

Birth defects and birth injuries are usually caused by genetic or environmental causes, but occasionally they occur due to the negligence or malpractice of a doctor. For instance when a doctor fails to detect the presence of a congenital defect in utero and fails to notify parents of the disability, the parents can bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

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

Prenatal visits are necessary to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with some form of birth defect in the United States. These defects vary in severity and impact manner in which a child looks and behaves throughout life. Some are minor, while others can cause serious problems and may even cause death.

Birth problems can be caused by genetic disorders or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for instance could cause serious problems in the infant. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn children to harmful substances or drugs.

In scientific research, it is known that certain chemicals and toxins may traverse the placenta to affect an unborn child. These toxins are referred to as teratogenic. Teratogenic chemicals can cause birth defects like cleft lips, palates and spina Bifida.

While working, many mothers are exposed to a variety of harmful chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals comprise industrial solvents such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. Parents may also be exposed toxic substances when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors is also a major factor. A variety of toxins and chemicals that are found in the home as well as in food items can increase the likelihood of a birth defect. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is usually unavoidable. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable to pinpoint the exact cause of a birth defect. It could be that an interaction between multiple factors may cause the problem, but the issue is assessing these interactions in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enroll 100 women from the representative population and monitor them and their children for the long term. This study will provide the most complete data available on how many environmental factors influence fetal and child health.

Many parents suffering from a birth defect in their child 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 lawyers understand this and are committed to helping families whose children are born with birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical condition that could have been prevented in the first place, you may be able to recover damages through an action for birth defects.

A New York birth defect attorney will be able to help you determine if your child's problem is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. Based on the degree of your child's illness your legal team will also be able calculate the total cost of associated medical expenses that are eligible for compensation.

While the vast majority of birth defects are not caused by medical negligence, there are some instances where a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor may prescribe a medication in a way that causes harm to a baby even before birth, or even make an error in surgery.

Our birth defect attorneys have successfully pursued cases where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chance that she will give birth to a child who has birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to toxic chemicals while in the workplace.

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