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Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's impossible. When that becomes a reality it is imperative that parents who are in shock seek the assistance of experienced birth defect lawyers.

Birth problems and injuries can result from medical malpractice and dangerous drugs and exposure to environmental factors. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a doctor does not adhere to the accepted standards of care in his or her field. This could include not performing prenatal tests or prescribing medications that increase the chance of birth defects, or making an error during labor or delivery.

Birth birth defects and birth injuries are often due to genetic and environmental causes, but occasionally they are the result of the negligence or malpractice of a doctor. For example the case where a doctor does not recognize a congenital disorder in the uterus and then fails to notify the parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty to the patient of care, that the physician violated that duty, the doctor's negligence or failure to act caused injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth injuries and defects can be prevented by timely testing and monitoring during pregnancy. It's vital for pregnant women adhere to their doctor's advice about prenatal visits. If you believe that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects may be of different severity and impact the way a child acts, looks and performs. Some are minor, while others can cause serious problems that may be fatal.

The causes of a child's birth defects can be attributed to genetic disorders or a variety of chemical and environmental factors. For instance, exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or drugs.

In scientific literature, it is established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals can cause birth defects, such as cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals while at work. They can be ingested or inhaled through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) that are used in the production of semiconductors. Parents can also be exposed poisons when they consume certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been tested properly on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure is also a major cause. A variety of toxins and chemicals found in the home, workplace and food can increase the chance 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 almost always inevitable. However, when employers do not take precautions to protect pregnant employees they're negligent and could be held responsible.

Researchers are still trying to find the exact cause of a birth defect. It is possible that a combination between several factors can cause the condition, but the difficulty 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 crucial. The NCS will enrol 100,000 women from a variety of populations as well as follow them and their children over the long run. This study will provide the most complete data to date about how various environmental factors impact fetal and child health.

Many parents suffering from a child's birth defect feel guilty that they may have contributed to the condition, however it's usually the case that these kinds of defects are unavoidable. Our birth defect lawyers recognize this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes can be prevented. If your child was born with a medical condition which could have been prevented, you may be entitled to compensation through an action for birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's illness is caused by chemical exposure, a medication or any other environmental cause that is eligible for compensation. Depending on the severity of your child's illness the legal team will also be able to determine the total cost of medical bills that are qualified for compensation.

Although the vast majority are not due to medical negligence, there have been cases in which a doctor was negligent during or prior to labor and delivery. A doctor might prescribe a medication incorrectly that can harm a baby before the birth, or make an error during surgery.

Our birth defect lawyers have successfully defended cases against drug companies in which a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child being born with birth defect. We have also filed birth defect lawsuits against companies that expose their workers to dangerous substances in the workplace for example, a paint factory or semiconductor manufacturing company.