20 Myths About Birth Defect Litigation: Dispelled

Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's impossible. If this happens, it's vital that parents who are shocked seek out the help of experienced birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in their field, it's considered medical malpractice. This may include not performing prenatal tests or prescribing medications which increase the chance of birth defects, or making an error during labor and delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors however, they could also be caused by an error by a doctor. For example the case where a doctor is unable to identify the presence of a congenital defect in utero and then fails to notify parents of the disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifelong costs associated with the disabled child.

To prevail in a medical malpractice case in birth defects the plaintiff must demonstrate that the doctor owed a duty of care to the patient, that he breached the duty, and that his actions or lack of action directly caused injuries and damages and that he suffered economic and noneconomic damages from the injuries. These damages could include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects may be of different severity and impact the way the child behaves, looks and performs. Some are minor, while others can cause serious issues that could be fatal.

The causes of a child's birth defects may be due to genetic disorders or a range of environmental and chemical factors. Exposure to toxic chemicals, for example causes serious complications in babies. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful medications or substances.

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

Many mothers are exposed to various toxic chemicals while at work. They can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents when they consume certain prescription or over-the-counter medications. Many drugs have not been tested properly on pregnant woman and have led to birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only reason. The presence of many different toxins and chemical compounds in the workplace, at home and in food items can increase the risk of birth defects. This includes fungicides, pesticides, lead, heavy metals, certain paints and many other chemical compounds. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant employees, they're negligent and could be held accountable.

Researchers are still unable identify the exact cause of a specific birth defect. It is possible that a combination with multiple factors could trigger the problem, but the issue is evaluating these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from representative population and monitor them throughout their lives as well as their children. This study will provide the most complete information on how environmental factors impact the health of children and fetuses.

Many parents who have a birth defect in their child are resentful and believe that they were responsible for the defect. But, these problems are not always preventable. Our birth defect lawyers understand this and are committed to helping families whose children are born who have birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical issue which could have been prevented in the first place, you may be able to claim damages through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if your child's illness is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical expenses associated with your child's condition in relation to the severity.

While the majority of these cases are not caused due to medical negligence, there have been cases where doctors have been negligent prior to or during labor and birth. A doctor may prescribe a medication that harms a baby even before the birth, or make an error during surgery.

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