Birth Defect Lawsuits

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

Birth defects and injuries can result from medical malpractice and dangerous drugs and exposure to environmental factors. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in their area, it is considered medical malpractice. This could include not performing prenatal tests, prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.

Birth birth defects and birth injuries are usually caused by genetic and environmental causes, but sometimes they are caused by a doctor's negligence or malpractice. If a doctor fails to detect congenital disabilities in utero, and then fails not to inform parents that their child is disabled, parents may be legally able to file a case for compensation due to a birth defect for all the costs for their child's disabilities.

A successful medical malpractice claim in birth defect cases demands 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 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 could include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided through timely testing and monitoring during pregnancy. It's important 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 you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect in the United States. These birth defects can vary in severity and impact the manner in which a child looks, acts and functions in life. Some are minor, whereas others can cause serious issues and even lead to death.

The reasons for a child's birth defects can stem from genetic anomalies or a wide range of chemical and environmental factors. Exposure to harmful chemicals, for instance can trigger serious complications in the infant. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn children to harmful substances or medications.

It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta, affecting an unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects like cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to a wide variety of harmful chemicals when they are working. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, exposure to environmental factors is also a major cause. Many different toxins and chemicals found in the home workplace, food and work environment could increase the chances of a birth defect. This includes fungicides and pesticides lead, heavy metals, certain paints and many other chemical substances. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant workers, they're negligent and may be held accountable.

Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that a combination of factors may cause the condition. The challenge is to analyze the effects of these factors in real-time. The National Children's Study is important because it is now underway in a variety of states. The NCS will enroll 100,000 women from a variety of populations and monitor them and their children for the long-term. This study will provide the most complete data available on how different environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child feel guilt because they believe they contributed to it. However, these defects are often unavoidable. Our birth defect lawyers know this and are dedicated to helping families seek justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be cured. If your child was born with a medical condition which could have been prevented or prevented, you could be entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney can assist you to determine if your child's illness is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition your legal team will also be able to determine the total cost of medical bills eligible for compensation.

Although the vast majority of birth injuries are not the result of medical negligence, there have been cases in which a doctor was negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication which harms the baby before it's born, or commit a mistake during surgery.

Our birth defect lawyers have successfully pursued claims where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the chance that she would give birth to a child with birth defects. We also have brought birth defect lawsuits against companies that expose employees to dangerous substances at work in a paint factory or semiconductor manufacturing companies.