Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's impossible. If that happens it is vital that parents who are in shock seek the assistance of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in their region, it's deemed medical malpractice. This could be due to failing to perform prenatal testing and prescribing medicines that increase the likelihood of birth defects, or making an error during labor or delivery.

Birth defects and birth injuries are typically due to genetic and environmental causes, but occasionally they are caused by medical negligence or malpractice. If a doctor fails to detect congenital defects in utero and fails to inform parents they may be in a position to file a lawsuit for compensation in the event of a wrongful birth. for all the expenses related to their child's disability.

A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions, or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic damage due to his or her injuries. These damages could include expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth defects and injuries are preventable by prompt testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' recommendations about prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can range in severity and impact the manner in which a child looks and behaves throughout life. Some are minor, but others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic anomalies or a range of chemcial or environmental factors. For example, exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to holding 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 pass through the placenta to affect the unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals may cause birth defects such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.

While they are working, mothers are exposed to a variety of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These contaminants can also be ingested by parents when they take certain prescription and over-thecounter medicines. A lot of pharmaceuticals haven't been adequately tested on pregnant woman and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, environmental exposure is also a major factor. The presence of many different chemicals and toxins in the workplace, at home and in food can increase the risk of developing birth defects. This includes fungicides and pesticides and lead, as well as heavy metals, some paints and other chemical substances. Exposure to these toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable pin down exactly what causes a specific birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the challenge is evaluating these interactions in real time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from a variety of populations and follow them and their children for the long-term. This study will provide the most comprehensive data to date on how various environmental factors affect fetal and child health.

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

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue that could have been avoided in the first place, you may be able to recover damages through an action for birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's illness was caused by a medication, chemical exposure or other environmental factor which is eligible for compensation. Your legal team will calculate the total cost of medical bills associated with your child's condition depending on the severity.

Although the vast majority are not caused due to medical negligence there are instances where a doctor was negligent during or before labor and delivery. A doctor may prescribe a medication that causes harm to a baby even before birth, or even make an error during surgery.

Our birth defect attorneys have successfully pursued cases where a mother's health care provider was exposed to toxic chemicals or prescription drugs which increased the chances that she could give birth to a baby with birth defects. We also have filed birth defect lawsuits against semiconductor and paint factories that expose their workers to hazardous substances during their work.