Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's not feasible. When that happens it is vital that parents who are in shock seek the help of experienced birth defect lawyers.

Birth injuries and birth defects could be caused by medical negligence and dangerous drugs as well as exposure to environmental hazards. A New York birth defect law firm can help you get answers.

Medical Malpractice

When a doctor fails adhere to the accepted standard of practice in their region, it's deemed medical malpractice. This may include failing to perform prenatal testing, prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.

Birth birth defects and birth injuries can be the result of genetic and environmental causes, however sometimes they are caused by a doctor's negligence or malpractice. For instance the case where a doctor fails to detect a congenital disability in utero and then fails to notify parents of this impairment, parents can bring a wrongful birth claim seeking compensation for all the lifetime expenses associated with the handicapped child.

To prevail in a medical negligence case in birth defects, the plaintiff must prove that the doctor was in breach of a duty of care to the patient, and that he violated this duty, that his actions or lack of action directly triggered injuries and damages and that the patient suffered economic and noneconomic damages as a result of the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy, which is why it's important for pregnant women to follow their doctors' advice regarding their prenatal visits. If you believe that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These birth defects may be of different severity and impact the way a child acts, looks and functions. Some are minor, while others can cause serious issues and may even cause death.

The reasons for a child's birth defects could be due to genetic abnormalities or a range of environmental and chemical factors. For example, exposure to toxic chemicals could cause serious problems for newborns. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or medications.

It is well-established in scientific research that certain toxins as well as chemicals can cross the placenta to affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects such as lip clefts, palates, and spina bifida.

Many mothers are exposed various toxic chemicals while working. They can be ingested, inhaled or absorbed into the body's skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. Parents can be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. Many drugs have not been tested properly on pregnant woman and have caused birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. Many different chemicals and toxins found in our homes, workplace and food can increase the likelihood of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is generally inevitable. However, if companies do not take precautions to protect pregnant employees, they're negligent and may be held responsible.

Researchers are still trying to determine the root of the birth defect. It could be that a combination of factors can cause the condition. The challenge is to study the effects of these factors in real-time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100,000 women from a representative population and monitor them throughout their lives as well as their children. This study will provide the most complete data to date about how a variety of environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child feel guilty believing that they caused it. However, these birth defects are usually inevitable. Our birth defect lawyers know this and are committed to helping families seek justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to get compensation in a lawsuit for birth defects.

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

Although the vast majority of birth injuries are not caused due to medical negligence There have been instances in which a doctor was negligent during or prior to labor and birth. A doctor could prescribe a medication incorrectly that causes harm to a baby even before the birth, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her having a child born with birth defects. We have also brought birth defect lawsuits against companies that expose workers to dangerous chemicals while working in a paint factory or semiconductor manufacturing companies.