20 Myths About Birth Defect Litigation: Dispelled

Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not possible. If this happens, it's vital that parents who are shocked seek the help 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

If a physician fails to follow the accepted standard of practice in their field, it's considered medical malpractice. This could mean failing to conduct routine prenatal tests or prescribing medication that increases the likelihood of birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries can be caused by genetic or environmental causes, however sometimes they arise due to a doctor's negligence or malpractice. If a doctor fails to detect congenital defects in utero and fails to notify parents, the parents may be eligible to file a claim for wrongful birth defect claim seeking compensation for all costs that are associated with their disabled child.

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

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy. Therefore, it's crucial for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of various severity and affect the way that children behave, appear and performs. Some are minor, but others can cause serious issues and can even be fatal.

The causes of birth defects can be attributed to genetic disorders or a range of environmental and chemical factors. Exposure to toxic chemicals, for example could cause serious problems in a newborn. Our company is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

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

Many mothers are exposed various harmful chemicals when they are at work. They can be ingested, inhaled or absorbed into the body's skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed toxic substances when they consume certain prescription and over-the-counter drugs. Many medications have not been thoroughly tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. A variety of toxins and chemicals found in our homes, workplace and birth defect lawyers food can increase the chance of having a birth defect. These include fungicides, pesticides lead, heavy metals, some paints and other chemical substances. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to find the exact cause of a birth defect. It could be that a combination of factors may cause the condition. The problem is to study these interactions in real time. The National Children's Study is important because it is now underway in several states. 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 complete data to date about how various environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty, believing that they contributed to it. However, these defects are not always preventable. Our birth defect lawyers know this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, a lot of these causes can be avoided. If your child was born with a medical issue that could have been avoided and you are entitled to compensation through a birth defect lawsuit.

A New York birth defect lawyer can help you determine whether your child's illness was caused by chemical exposure, a drug or any other environmental cause that is a reason to seek compensation. Your legal team can calculate the total cost of medical expenses related to your child's condition depending on the severity.

Although the vast majority of birth injuries are not due to medical negligence There have been instances in which a doctor was negligent during or prior to labor and birth. A physician may incorrectly prescribe a medication that injures an infant before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully pursued claims in which a mother’s health care provider was exposed toxic chemicals or prescription drugs which increased the chance that she would give birth to a child who has birth defects. We also have brought birth defect lawsuits against companies that expose employees to dangerous substances in the workplace like a paint factory or semiconductor manufacturing company.