Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's impossible. When this happens, it's essential parents who are shocked seek the help of experienced birth defect lawyers.

Birth injuries and birth defect lawsuit defects can be caused by medical malpractice and dangerous drugs as well as exposure to environmental hazards. A New York birth defect law firm can help you get answers.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in their area, it is considered medical malpractice. This might involve failing to perform routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect or making a mistake during the labor and delivery.

Birth defects and birth injury can be caused by environmental and genetic factors however, they could also be the result of a doctor's negligence. For instance, if a physician fails to recognize the presence of a congenital defect in utero and fails to notify parents of this disability, the parents may file a wrongful birth claim seeking compensation for the lifelong costs associated with the disabled child.

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

Prenatal visits are important to ensure that pregnant women receive the proper tests and monitoring. If you believe that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year, thousands of children are born with some form of birth defect in the United States. These birth defects can vary in severity and affect manner in which a child looks, acts and functions in life. Some are minor, whereas others can cause serious issues and even be fatal.

Birth defects can be caused by genetic disorders or a variety of environmental and chemcial factors. Exposure to toxic chemicals, for instance causes serious complications in the newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in the scientific research that certain toxins as well as chemicals can enter the placenta and harm an unborn baby. These toxins are referred to as teratogenic. The exposure to these teratogenic chemicals could cause birth defects such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to many toxic chemicals while working. These chemicals can be ingested or inhaled through the skin of the body. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the production of semiconductors. Parents may also be exposed poisons when they consume certain over-the-counter and prescription drugs. Many medications have not been thoroughly tested on pregnant women and may cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's far from the only one. The presence of a variety of chemicals and toxins in the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is generally inevitable. But, when businesses do not take precautions to protect pregnant employees, they are negligent and can be held accountable.

Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that a mix of factors may cause the condition. The problem is to evaluate these interactions in real time. The National Children's Study is important because it is now underway in a number of states. The NCS will enrol 100,000 women from representative populations and follow them and their children over the long term. This study will provide the most complete data available on how many environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child are resentful and believe that they caused it. However, these defects are usually inevitable. Our birth defect attorneys understand this and are dedicated in helping families who have children who have birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol use during pregnancy to genetics. However, many of these causes can be avoided. If your child was born with a medical condition that could have been avoided, you may be entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's problem is caused by an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical expenses that are related to your child's illness based on the severity.

Although the majority of birth defects are not caused by medical negligence, there are cases where a healthcare professional has been negligent prior to or during labor and birth. A doctor could prescribe a medication incorrectly that causes harm to a baby even before birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims where a mother's health medical professional was exposed to prescription drugs or toxic chemicals which increased the risk that she could give birth to a child who has birth defects. We have also brought birth defect lawsuits against companies that expose employees to dangerous chemicals on the job like a paint factory or semiconductor manufacturing company.