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Birth Defect Lawsuits

Parents want their children perfect however sometimes it's impossible. If this happens, it's important that parents who are shocked seek the help of experienced birth defect lawyers.

Medical negligence, dangerous medications, 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

Medical negligence occurs when a doctor is in violation of the accepted standard of medical care in their field. This could be due to failing to perform prenatal screening and prescribing medicines that increase the risk of birth defects or committing an error during labor and birth.

Birth defects and birth injury are usually the result of genetic and environmental factors, however, they can also be caused by an error by a doctor. For example in the event that a physician does not recognize a congenital disability in utero and fails to inform parents of the impairment, parents can bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the doctor did not fulfill this duty, that the doctor's actions or failure to act directly caused 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 cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects are preventable by prompt testing and monitoring during pregnancy. It's crucial 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 as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These birth defects can range in severity and affect the way that a child appears and behaves throughout life. Some are minor, while others can cause serious issues and even lead to death.

Birth defects can result from genetic disorders or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for example causes serious complications in the newborn. Our firm is determined to hold employers accountable for exposed pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in scientific research that certain toxins and chemicals can enter the placenta and affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects such as lips, palates, and clefts as well as spina bifida.

While working, mothers are exposed a variety of harmful chemicals. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) used in the production of semiconductors. These toxins can also be ingested by parents when they take certain over-the counter and prescription drugs. This is because a lot of pharmaceuticals are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also play a role. Many different toxins and chemicals that are found in the home workplace, food and work environment could increase the chances of having a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, when employers fail to protect pregnant workers they are negligent and could be held accountable.

Researchers are still unable pin down exactly what causes the birth defect in a specific way. It is possible that a combination between several factors can cause the condition, but the difficulty is evaluating these interactions 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 variety of populations and follow them and their children over the long-term. This study will provide the most complete data available on how a variety of environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty and believe that they caused it. However, these birth defects are usually unavoidable. Our birth defect lawyers know this and are committed to families seeking justice for children suffering from birth defect law firm defects.

Product Liability

Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be avoided. If your child was diagnosed with a medical issue that could have been prevented, you may be able to get compensation in an action for birth defects.

A New York birth defect attorney can help you determine if your child's illness is due to a medication, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical bills related to your child's condition according to the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases where a doctor or healthcare worker was negligent prior to or during labor and birth. A physician may incorrectly prescribe a medicine that hurts a baby before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to dangerous chemicals at work.