Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's not feasible. When this happens, it's important that parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Birth problems and injuries can be caused by medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defects law firm can assist.

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This could include failing to perform routine prenatal testing, prescribing medication that increases the risk of a birth defect or making a mistake during labor and birth.

Birth birth defects and birth injuries are usually due to genetic and environmental causes, but sometimes they are caused by medical negligence or malpractice. For instance the case where a doctor is unable to identify an inborn disability and then fails to notify parents of the disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses associated with the disabled child.

In order to win a medical malpractice lawsuit in birth defect cases the plaintiff has to prove that the doctor owed a duty of care to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly caused damages and injuries, and that the plaintiff suffered economic and noneconomic damages because of the injuries. These damages might include the costs of medical bills lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These defects can vary in severity and impact manner in which a child looks, behaves and performs in life. Some are minor, whereas others can cause serious problems and may even cause death.

Birth birth defects can be caused by genetic defects or a range of environmental and chemcial factors. Exposure to harmful chemicals, for example causes serious complications in a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or drugs.

It is well-established in the scientific research that certain toxins and chemicals can cross the placenta, affecting an unborn baby. These toxins are referred to as teratogenic. The exposure to these teratogenic chemicals can cause birth defects like cleft lips and palates as well as spina bifida, and muscular dystrophy.

While they are working, mothers are exposed to a variety of harmful chemicals. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These chemicals can also be consumed by parents when they take certain prescription or over-the-counter medications. Many drugs have not been tested properly on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only reason. Many different toxins and chemicals that are present in the home or workplace could increase the chances 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. However, when companies fail to protect pregnant workers, they are negligent and can be held responsible.

Researchers are still trying to determine the root of the birth defect. It is possible that a combination of factors can trigger the condition. The next step is to evaluate the effects of these factors in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a representative population and follow them throughout their lives, as well as their children. This study will provide comprehensive data on how environmental factors affect the health of children and fetuses.

Many parents suffering from a child's birth defect are resentful that they have contributed to the condition, however it is the norm that these types of defects are unavoidable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by many factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, a lot of these issues can be prevented. If your child was born with a medical condition which could have been prevented, you may be entitled to claim damages through a birth defect lawsuit.

A New York birth defect attorney can assist you to determine if your child's problem is caused by a medication, chemical or environmental exposure that qualifies for compensation. The legal team of your lawyer can estimate the total cost of medical expenses related to your child's condition in relation to the severity.

While the vast majority of birth defects are not caused by medical negligence, there are instances where a doctor or healthcare worker has been negligent prior to or during labor and birth. A doctor Lawsuit might prescribe a medication incorrectly that causes harm to a baby even before birth, or may make an error in surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies when a mother's medical healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child developing a birth defect. We also brought birth defect lawsuits against companies that expose employees to harmful substances on the job, such as a paint factory or semiconductor manufacturing companies.