Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not feasible. When that becomes a reality it is imperative that parents in shock seek out the assistance of skilled birth defect lawyers.

Birth defects and injuries can result from medical malpractice, drugs that are dangerous and exposure to environmental factors. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in their field, it's considered medical malpractice. This could include failing to conduct routine prenatal tests or prescribing medication that increases the risk of a birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental factors, but they can also be caused by an error by a doctor. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to notify parents that their child is disabled, parents may be eligible to file a claim for wrongful birth seeking compensation for all the expenses related to their child's disability.

To win a medical negligence case in birth defect cases the plaintiff must demonstrate that the doctor owed a duty of care to the patient, that he breached this duty, that his actions or inaction action directly caused damage and injuries, and that he suffered economic and noneconomic damage as a result of the injuries. These damages might include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' advice regarding their prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These birth defects can vary in severity and impact the way a child looks and behaves throughout life. Some are minor while others can cause serious issues and even be fatal.

The causes of birth defects can be attributed to genetic disorders or a variety of chemical and environmental factors. Exposure to toxic chemicals, for example, can cause serious complications in the infant. 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 the scientific studies that certain toxicants and chemicals can enter the placenta, affecting an unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals may cause birth defects like cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to an array of toxic chemicals while working. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. Parents may also be exposed to these chemicals when they consume certain prescription and over-the-counter drugs. Many drugs have not been tested properly on pregnant woman and have caused birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's far from the only one. Many different chemicals and toxins found in our homes as well as in food items can increase the risk 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 usually unavoidable. However, when employers fail to safeguard pregnant employees they're negligent and may be held accountable.

Researchers have yet to pinpoint the specific cause of a birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the challenge is assessing these interactions in real-time. The National Children's Study is important because it is now underway in a number of states. The NCS will enroll 100,000 women from a representative population and follow their progress over time as well as their children. This study will provide the most complete information to date on how different environmental factors affect fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the disorder, but it is the norm that these kinds of problems are inevitable. Our birth defect lawyers know this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes are preventable. If your child was born with a medical condition that could have been prevented, you may be entitled to recover damages through an action for birth defects.

A New York birth defect attorney can assist you to determine if your child's illness is due to a medication, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical expenses that are related to your child's illness depending on the severity.

Although the majority of birth defects are not caused due to medical negligence, there are occasions where a doctor or healthcare worker was negligent before or during labor and birth. A doctor might prescribe a medication that harms a baby even before birth defect lawsuit, or even make an error in surgery.

Our birth defect attorneys have successfully pursued cases where a mother's health care provider was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she will give birth to a child suffering from birth defects. We also brought birth defect lawsuits against companies that expose workers to harmful substances on the job in a paint factory or semiconductor manufacturing company.