Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's impossible. If that happens it is crucial that stunned parents seek the help of seasoned birth defect attorney defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in his or her region, it's deemed medical malpractice. This might involve failing to perform routine prenatal testing, prescribing medication that increases the likelihood of a birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries are often the result of genetic and environmental factors, but sometimes they arise due to an error or negligence of a physician. For instance in the event that a physician fails to recognize the presence of a congenital defect in utero and fails to notify parents of the disability, the parents may file a wrongful birth claim seeking compensation for the ongoing expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty of care, that the physician 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 might include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Certain birth defects and injuries are preventable by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' advice regarding prenatal appointments. If you believe that your child's birth defect is the result of medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These defects can vary in severity and impact the manner in which a child looks, behaves and performs in life. Some are minor, while others can lead to serious problems that may be fatal.

The reasons for a child's birth defects may be due to genetic defects or a range of chemical and environmental factors. For example, exposure to toxic chemicals can cause serious complications for a newborn. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

In the scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these chemicals can cause birth defects like the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed a variety of toxic chemicals. These chemicals can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the production of semiconductors. These toxins can also be ingested by parents who take certain prescription or over-the-counter medications. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, environmental exposure can also play a role. Numerous different chemicals and toxins found in the home or workplace can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are unable to identify the exact cause of a specific birth defect. It is possible that a mix of factors may cause the condition. The challenge is to study these interactions in real time. The National Children's Study is important because it is in progress across several states. The NCS will enroll 100,000 women from representative population and monitor them throughout their lives and their children. This study will provide the most comprehensive information to date on how different environmental factors influence fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the problem, but it is the norm that these types of defects are inevitable. Our birth defect lawyers understand this and are committed to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be avoided. If your child was born with a medical condition that could have been avoided and you are entitled to claim damages through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine whether your child's illness was caused by a medication, chemical exposure or another environmental trigger which is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses for your child's condition in relation to the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases when a healthcare worker has been negligent before or during labor and delivery. A doctor might prescribe a medication incorrectly that could harm a baby, even before the birth, or make an error during surgery.

Our birth defect lawyers have successfully pursued cases against drug companies in cases where a mother's health care provider has been exposed to prescription medications or defect toxic chemicals that increase the likelihood of her having a child with a birth defect. We also brought birth defect lawsuits against companies that expose workers to dangerous substances at work in a paint factory or semiconductor manufacturing companies.