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

Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes impossible. When this happens, it's vital that parents who are stunned seek the assistance of a seasoned birth defects lawyers.

Birth injuries and birth defects could be caused by medical negligence and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of medical care in their area of expertise. This could mean not performing prenatal tests or prescribing medications that increase the chance of birth defects or making a mistake during labor and birth.

Birth defects and birth injury are usually caused by environmental and genetic factors, but they can also be a result of a doctor's negligence. For example in the event that a physician does not recognize a congenital disability in utero and then fails to notify parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor has a responsibility to the patient of care, that the doctor violated this duty, 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 costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth injuries and defects are preventable by timely testing and monitoring during pregnancy, so it's crucial for pregnant women to adhere to their doctor's advice about prenatal visits. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These defects vary in severity and impact the way that a child appears, behaves and performs in life. Some are minor and others can cause serious problems that may be fatal.

The causes of birth defects can stem from genetic disorders or a range of environmental and chemical factors. Exposure to toxic chemicals, for instance, can cause serious complications in a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta, affecting the unborn baby. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects such as the cleft palate, lips and birth defect lawsuit spina bifida.

While working, many mothers are exposed of harmful chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may also be exposed to these poisons when they consume certain over-the-counter and prescription drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, exposure to environmental factors can also play a role. The presence of a variety of chemicals and toxins at the home, at work and in food can increase the risk of birth defects. Pesticides and fungicides are among the most commonly used. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when companies fail to protect pregnant workers they are negligent and can be held responsible.

Researchers aren't able to identify the exact cause of the birth defect in a specific way. It could be that an interaction between several factors can cause the condition, but the problem is assessing the effects of these interactions in real time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from representative population and track them over time and their children. This study will provide most complete information on how environmental factors impact fetal and childhood health.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the disorder, but it's often the case that these types of defects are not a choice. Our birth defect lawyers understand this and are dedicated in helping families with children with birth defects.

Product Liability

Birth problems are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, many of these issues can be prevented. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to recover damages through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if your child's condition is caused by an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical expenses related to your child's condition according to the severity.

Although the vast majority of birth injuries are not the result of medical negligence, there have been cases where a doctor has been negligent during or prior to labor and delivery. A doctor may prescribe a medication that causes harm to a baby even before birth, or make an error during surgery.

Our birth defect attorneys have successfully defended claims where a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the chances that she could give birth to a child who has birth defects. We also have brought birth defect lawsuits against companies that expose their workers to dangerous substances on the job, such as a paint factory or semiconductor manufacturing company.