Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not possible. If that happens it is imperative for parents to seek the assistance of experienced birth defect lawyers.

Birth defects and injuries can be caused by medical negligence and drugs that are harmful, and environmental exposure. 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 medical care in their field. This could mean failing to conduct prenatal testing and prescribing medicines that increase the likelihood of birth defects or committing an error during labor and birth.

Birth defects and birth injury are usually the result of environmental and genetic causes, but they can also be a result of the negligence of a doctor. If a physician fails to detect congenital problems in utero, and then fails not to inform the parents that their child is disabled, parents may be legally able to file a case for wrongful birth seeking compensation for all the costs for their child's disabilities.

A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the doctor 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 losses as a result of the injuries. These damages could include medical bills, lost wages and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the proper tests and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of various severity and affect the way that children behave, appear and functions. Some are minor, while others can cause serious issues and even lead to death.

The causes of a child's birth defects could be due to genetic anomalies or a wide range of environmental and chemical factors. Exposure to harmful chemicals, for example could cause serious problems in babies. Our firm is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta and harm an unborn baby. These chemicals are referred to as teratogenic. Teratogenic chemicals can cause birth defects like lips, palates, and clefts as well as spina Bifida.

While working, mothers are exposed to a range of harmful chemicals. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) which are used in the manufacture of semiconductors. These contaminants can also be ingested by parents who take certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also play a role. The presence of numerous chemicals and toxins at the home, at work and in food can increase the risk of birth defects. These include fungicides, pesticides lead, heavy metals, certain paints, and many other chemical compounds. Exposure to these toxic substances is generally inevitable. But, when businesses fail to protect pregnant workers, they're negligent and could be held accountable.

Researchers are still unable to pinpoint the root of the 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 underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative populations and will follow their progress over time as well as their children. This study will provide the most comprehensive information to date on how a variety of environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child are resentful believing that they contributed to it. But, these problems are not always preventable. Our birth defect lawyers are aware of this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, a lot of these causes can be prevented. If your child was diagnosed with a medical condition which could have been avoided it is possible to recover damages in a lawsuit for birth defects.

A New York birth defect lawyer can assist you determine if your child's condition was caused by an exposure to chemicals, medication or other environmental trigger that could be eligible for compensation. Depending on the severity of your child's health condition the legal team will also be able calculate the total cost of medical bills suitable for compensation.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases where a healthcare worker was negligent before or during labor and birth. A doctor may prescribe a medication that injures the baby before it's born, or make a mistake during surgery.

Our birth defect lawyers have successfully pursued cases against drug companies in which a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child born with birth defect. We also have brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to toxic chemicals while in the workplace.