Birth Defect Litigation: 10 Things I Wish I'd Known Earlier

Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's impossible. If this happens, it's vital parents who are shocked seek the help of experienced birth defects lawyers.

birth defect attorney wilmington  and birth defects could be caused by medical negligence or drugs that pose a risk or exposure to environmental toxins. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in their field, it's considered medical malpractice. This could include failing to perform prenatal screening, prescribing medications that increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic factors however, they could also be the result of the negligence of a doctor. If a doctor fails detect congenital problems in utero, and then fails not to inform the parents that their child is disabled, parents may be able to file a claim for wrongful birth seeking compensation for all the expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the physician did not fulfill this duty, that the doctor's actions, or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damage due to his or her injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These birth defects can be of various severity and impact the way a child acts, looks and performs. Some are minor, whereas others can cause serious problems and even lead to death.

Birth defects can be caused by genetic disorders or a variety of environmental and chemcial factors. For example exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed in 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 and chemicals can cross the placenta and affect an unborn baby. These toxins are called teratogenic. These teratogenic chemicals may cause birth defects like cleft lips, palates and spina bifida.

While they are working, mothers are exposed to a variety of harmful chemicals. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) employed in the manufacture of semiconductors. These toxins can also be ingested by parents who take certain prescription and over-thecounter medicines. A lot of pharmaceuticals haven't been tested properly on pregnant woman and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors can also play a role. A variety of toxins and chemicals that are found in the home, workplace and food can increase the chance of a birth defect. Pesticides and fungicides are among the most common. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to pin down exactly what causes a specific birth defect. It is possible that a variety of factors can trigger the condition. The trick is to assess the effects of these factors in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enrol 100,000 women from diverse populations and monitor them and their children for the long-term. This study will provide the most complete data available on how various environmental factors affect fetal and child health.

Many parents suffering from a child's birth defect feel guilty that they somehow contributed to the condition, but it's often the case that these kinds of defects are unavoidable. Our birth defect lawyers know this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol consumption 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 prevented, you may be able to get compensation in lawsuits for birth defects.

A New York birth defect lawyer can assist you determine whether your child's condition is the result of chemical exposure, a medication or other environmental trigger that could be eligible for compensation. Based on the severity of your child's illness your legal team will also be able to calculate the total cost of associated medical bills that are eligible for compensation.

Although the vast majority are not the result of medical negligence however, there have been instances where a doctor was negligent prior to or during labor and delivery. A doctor might prescribe a medication that harms a baby even before birth, or may make an error during surgery.

Our birth defect attorneys have successfully litigated cases where a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chances that she would give birth to a child who has birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to toxic chemicals while at work.