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Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. When that becomes a reality it is imperative for parents to seek the help of experienced birth defect lawyers.

Birth problems and injuries can be caused by medical malpractice and drugs that are harmful, and environmental exposure. A New York birth defect law Firm (www.starryjeju.com) can provide answers.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in their area, it is deemed medical malpractice. This could mean failing to perform prenatal screening, prescribing medications which increase the chance of birth defects or committing an error during labor or delivery.

Birth defects and birth injuries are often due to genetic and environmental causes, but sometimes they are caused by a doctor's negligence or malpractice. If a doctor fails detect congenital disabilities during pregnancy and fails to inform the parents, the parents may be able to file a claim for wrongful birth seeking compensation for all the expenses related to their child's disability.

A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the physician violated this duty, the doctor's negligence or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages may include expenses 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 believe that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects can range in severity and impact the way that a child appears and behaves in life. Some are minor, but others can lead to serious problems that may be fatal.

Birth defects can result from genetic defects or a range of chemcial or environmental factors. For instance, exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful medications or substances.

It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta and harm the unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals may cause birth defects such as the cleft lip and palate, spina bifida and muscular dystrophy.

Many mothers are exposed to various toxic chemicals while they are at work. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These toxic substances can also be consumed by parents when they take certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. The presence of numerous chemicals and toxins in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still trying to find the root of the birth defect. It could be that a combination of factors can trigger the condition. The trick is to evaluate the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from a variety of populations and will follow them and their children over the long run. This study will provide most comprehensive information about the effects of environmental factors on fetal and childhood health.

Many parents who suffer from a birth defect in their child are resentful and believe that they contributed to it. However, these issues are usually unavoidable. Our birth defect lawyers are aware of this and are dedicated in helping families with children with birth defects.

Product Liability

Birth defects can be caused by a variety factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes can be cured. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to seek compensation through an action for birth defects.

A New York birth defect attorney will be able to help you determine if your child's illness is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's illness your legal team will also be able to calculate the full cost of the medical bills that are admissible for compensation.

While the vast majority of birth defects aren't caused due to medical negligence, there are occasions in which a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor may prescribe a medication which harms the baby before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully defended cases where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chance that she will give birth to a child with birth defects. We have also filed birth defect lawsuits against companies that expose employees to dangerous chemicals at work for example, a paint factory or semiconductor manufacturing company.