The Most Pervasive Problems With Birth Defect Litigation

The Most Pervasive Problems With Birth Defect Litigation

Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's not possible. When this happens, it's important that parents who are shocked seek the assistance of experienced birth defects lawyers.

Birth defects and injuries can be caused by medical malpractice or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defects law firm can help.

Medical Malpractice

Medical negligence occurs when a doctor does not adhere to the accepted standards of care in his or her field. This might involve failing to perform routine prenatal testing, prescribing medication that increases the likelihood of birth defect, or making a mistake during the birth and delivery.



Birth defects and birth injury are often caused by environmental and genetic factors, however, they can also be the result of an error by a doctor. For example when a doctor fails to detect a congenital disorder in the uterus and fails to notify the parents of this disability, the parents may file a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the doctor violated this duty, the doctor's actions or failure to act caused injuries and damages, and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical bills or lost wages, as well emotional distress.

Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. It's crucial for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you suspect that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of varying severity and affect the way that a child acts, looks and performs. Some are minor, but others can lead to serious problems that may be fatal.

Birth birth defects can be caused by genetic defects or a range of chemcial or environmental factors. For example exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

It is well-established in the scientific literature that certain toxins and chemicals can pass through the placenta to affect an unborn baby. These toxins are teratogenic. Teratogenic chemicals can cause birth defects like lip clefts, palates, and spina Bifida.

While working, many mothers are exposed a variety of harmful chemicals. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. These chemicals can also be consumed by parents when they take certain prescription and over-thecounter medicines. Many drugs have not been thoroughly tested on pregnant woman and have led to birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of a variety of toxins and chemical compounds in the workplace, at home and in food items can increase the risk of developing birth defects. These include fungicides, pesticides lead, heavy metals, certain paints, and other chemical compounds. Exposure to these toxic substances is often inevitable. However, when employers fail to protect pregnant employees, they are negligent and can be held responsible.

Researchers have yet to pinpoint the root of the birth defect. It is possible that a mix of factors can cause the condition. The challenge is to study the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enrol 100 women from the representative population and monitor them and their children over the long term.  birth defect attorney north richland hills  will provide most comprehensive data on the effects of environmental factors on the health of children and fetuses.

Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the condition, however it's often the case that these kinds of issues are not a choice. Our birth defect lawyers are aware of this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition which could have been avoided or prevented, you might be able to get compensation in an action for birth defects.

A New York birth defect attorney will be able help you determine if your child's illness is due to the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team can calculate the total cost of medical bills related to your child's condition in relation to the severity.

Although the majority of birth defects aren't caused by medical negligence, there are occasions where a healthcare professional has been negligent before or during labor and birth. A doctor may prescribe a medication that harms a baby before it is born, or make an error during surgery.

Our birth defect attorneys have successfully prosecuted claims in which 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 suffering from birth defects. We have also filed birth defect lawsuits against companies that expose workers to dangerous chemicals while working for example, a paint factory or semiconductor manufacturing company.