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Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not possible. When that happens it is imperative that parents who are in shock seek the help of experienced birth defect lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

If a doctor does not adhere to the accepted standards of practice in their area, it is deemed medical malpractice. This could mean failing to conduct routine prenatal tests and prescribing a medication that increases the risk of a birth defect or making a misstep during the birth and delivery.

Birth defects and birth injury can be caused by environmental and genetic factors however, they could also be caused by a doctor's negligence. If a physician fails to detect congenital disabilities in utero, and then fails not to inform parents of the problem they may be able to file a claim for compensation due to a birth defect for all costs related to their child's disability.

A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the physician breached this duty, that the doctor's actions or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages may include costs of medical bills lost wages, pain and suffering, and emotional distress.

Certain birth defects and injuries are preventable by prompt testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to follow their doctors' advice regarding prenatal appointments. If you believe that your child's birth defect is due to medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and impact the manner in which a child looks, acts and functions in life. Some are minor, but others can cause serious problems and can even be fatal.

The causes of birth defects can stem from genetic defects or a variety of environmental and chemical factors. For example exposure to toxic chemicals could cause serious complications for newborns. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or drugs.

In the scientific literature, it has been established that certain chemicals and toxins may traverse the placenta to affect an unborn child. These toxins are teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as the cleft lip and palate, spina bifida and muscular dystrophy.

Many mothers are exposed many toxic chemicals when they are working. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. Parents may also be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure is also a major cause. The presence of many different chemicals and toxins at the home, at work and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is generally inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It is possible that a combination between several factors can cause the condition, but the problem is assessing these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enrol 100,000 women from a variety of populations and will follow them and their children for the long-term. This study will provide the most complete data to date about how different environmental factors influence fetal and child health.

Many parents suffering from a birth defect in their child feel guilty for having contributed to the problem, but it is the norm that these kinds of problems are a given. 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 range of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided, you may be able to recover damages in lawsuits for birth defects.

A New York birth defect attorney can help you determine if your child's problem is caused by an illness, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's condition your legal counsel will also be able calculate the total cost of medical bills suitable for compensation.

While the vast majority of birth defects are not caused due to medical negligence, there are some instances in which a doctor or healthcare worker was negligent before or during labor and birth. A doctor might incorrectly prescribe a medication which harms an infant before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully pursued cases against drug companies when a mother's medical healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her child being born with birth defects. We also brought birth defect lawsuits against companies who expose workers to hazardous substances at work for example, a paint factory or semiconductor manufacturing companies.