Birth Defect Lawsuits

Parents want their children perfect but sometimes it's impossible. When this happens, birth defect lawsuit it's important parents who are shocked seek the assistance of experienced birth defects lawyers.

Medical negligence, 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

If a physician fails to follow the accepted standard of practice in their field, it's considered medical malpractice. This could include failing to conduct prenatal testing or prescribing medications that increase the chance of birth defects or committing an error during labor or delivery.

Birth defects and birth injury can be caused by environmental and genetic causes, however, they could also be a result of the negligence of a doctor. For example in the event that a physician is unable to identify the presence of a congenital defect in utero and fails to inform parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician was obligated to the patient to perform a duty of care, that the doctor breached this duty, that the doctor's actions, or failure to act caused injuries and damages and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages could include expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided through timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to adhere to their doctor's advice about prenatal visits. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with a type of birth defect in the United States. These defects can be of various severity and impact the way the child behaves, looks and performs. Some are minor, but others can cause serious problems that may be fatal.

The causes of birth defects could be due to genetic abnormalities or a range of chemical and environmental factors. Exposure to harmful chemicals, for example could cause serious problems in babies. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful medications or substances.

In the scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta and affect an unborn child. These chemicals are referred to as teratogenic. Teratogenic chemicals can cause birth defects such as lip clefts, palates, and spina Bifida.

While working, many mothers are exposed of harmful chemicals. These chemicals can be breathed in, 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. These toxins can also be ingested by parents while they are taking certain over-the counter and prescription drugs. Many medications have not been thoroughly tested on pregnant women and may cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only one. The presence of numerous chemical compounds and toxins in the home, at work and in food items can increase the risk of birth defects. This includes fungicides, pesticides, lead, heavy metals, certain paints, and other chemical compounds. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers aren't able to identify the exact cause of a specific birth defect. It could be that a combination of factors can cause the condition. The problem is to analyze the effects of these factors in real-time. The National Children's Study is important because it is currently underway in several states. The NCS will enrol 100,000 women from diverse populations and monitor them and their children over the long run. This study will provide the most comprehensive data available on how many environmental factors impact fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the condition, but it's often the case that these kinds of problems are not a choice. Our birth defect lawyers understand this and are committed to helping families with children with birth defects.

Product Liability

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

A New York birth defect attorney can help you determine if your child's condition is due to a medication, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's condition, your legal team will be able to estimate the full cost of the associated medical expenses that are eligible for compensation.

While the vast majority of birth defects aren't caused by medical negligence, there are occasions where a healthcare worker was negligent prior to or during labor and birth. A doctor might prescribe a medication that harms a baby even before birth, or even make an error in surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies in which a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child being born with birth defect lawyer defects. We have also filed birth defect lawsuits against companies who expose workers to hazardous substances at work, such as a paint factory or semiconductor manufacturing companies.