Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's impossible. If this happens, it's crucial that parents who are shocked seek the help of experienced birth defects lawyers.

Birth injuries and birth defects could be caused by medical negligence and dangerous drugs, and environmental exposure. A New York birth defects law firm can help.

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This could be due to not performing prenatal tests or prescribing medications which increase the chance of birth defects, or making an error during labor or delivery.

Birth defects and birth injuries are typically caused by genetic and environmental factors, but sometimes they are the result of the negligence or malpractice of a doctor. For instance, if a physician fails to detect an inborn disability and fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the physician did not fulfill this duty, that the doctor's negligence or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic damage due to his or her injuries. These damages may include costs of medical bills lost wages as well as pain and suffering and emotional distress.

Prenatal visits are essential to ensure that pregnant women are provided with the appropriate tests and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects can be of varying severity and affect the way that children behave, look and performs. Some are minor, whereas others can cause serious problems and may even cause death.

The causes of a child's birth defects could be due to genetic disorders or a range of chemical and environmental factors. Exposure to harmful chemicals, for instance, can cause serious complications in a newborn. Our company is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful chemicals or medications.

It is well-established in the scientific literature that certain toxins and chemicals can pass through the placenta, affecting an unborn baby. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects, such as the cleft palate, lips and spina bifida.

While working, many mothers are exposed a variety of harmful chemicals. They can be ingested or inhaled, or absorbed by the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents may also be exposed toxic substances when they consume certain prescription or over-the-counter medications. Many medications have not been properly tested on pregnant women and have caused birth defect lawyer defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors is also a major cause. Many different toxins and chemicals found in our homes or workplace can increase the risk of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to identify the exact cause of the specific birth defect. It is possible that a combination with multiple factors could trigger the problem, but the issue is evaluating the effects of these interactions in real time. The National Children's Study is important because it is in progress in a number of states. 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 about the effects of environmental factors on the health of children and fetuses.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it is the norm that these kinds of problems are unavoidable. Our birth defect attorneys understand this and are committed to helping families whose children are born with birth defects.

Product Liability

Birth problems are caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genetic. However, many of these issues can be prevented. If your child was diagnosed with a medical issue that could have been prevented it is possible to recover damages in a lawsuit for birth defects.

A New York birth defect attorney can help you determine if your child's problem is due to an illness, chemical or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses related to your child's condition in relation to the severity.

Although the majority of birth defects are not caused due to medical negligence, there are occasions in which a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor might incorrectly prescribe a medicine that hurts the baby before it is born, or make an error during surgery.

Our birth defect attorneys have successfully pursued claims in which a mother’s health care provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child who has birth defects. We also have brought birth defect lawsuits against companies that expose their workers to hazardous substances at work like a paint factory or semiconductor manufacturing companies.