Birth Defect Lawsuits

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

Birth problems and injuries can be caused by medical malpractice and drugs that are harmful, and environmental exposure. A New York birth defects law firm can help.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in his or her region, it's deemed medical malpractice. This could mean failing to perform prenatal testing and prescribing medicines that increase the chance of birth defects, or making an error during labor or delivery.

Birth defects and birth injury are usually caused by genetic and environmental factors, however, they can also be caused by a doctor's negligence. For example in the event that a physician fails to detect the presence of a congenital defect in utero and fails to inform the parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the physician breached 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 losses as a result of his or her injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Some birth injuries and defects can be prevented by timely testing and monitoring during pregnancy. Therefore, it's vital for pregnant women adhere to their doctor's recommendations regarding prenatal appointments. If you suspect that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects may be of different severity and impact the way a child acts, looks and functions. Some are minor, whereas others can cause serious issues and even be fatal.

The causes of birth defects can be attributed to genetic defects or a variety of environmental and chemical factors. Exposure to toxic chemicals, for instance can trigger serious complications in the infant. Our firm is committed in bringing employers to account when they expose pregnant women or their unborn children to harmful medications or substances.

In scientific literature, it is established that certain chemicals and toxins may cross the placenta to affect an unborn child. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects, such as the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed a wide variety of toxic chemicals while working. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) which are used in the manufacturing of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription and over-the-counter drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors can also be a significant factor. Many different toxins and chemicals that are found in the home as well as in food items can increase the risk of a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is usually unavoidable. However, when employers fail to safeguard pregnant employees, they are negligent and can be held accountable.

Researchers are unable to determine exactly what causes a specific birth defect. It could be that an interaction between multiple factors may cause the condition, but the challenge is assessing the effects of these interactions in real time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from representative populations and will follow them and their children over the long run. This study will provide complete information on how environmental factors affect the health of infants and children.

Many parents who suffer from a birth defect law firms defect in their child feel guilty, believing that they contributed to it. However, these defects are not always preventable. Our birth defect lawyers understand this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Birth problems can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition that could have been avoided and you are entitled to claim damages through an action for birth defects.

A New York birth defect attorney can help you determine if your child's problem is caused by an illness, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's illness your legal counsel will also be able calculate the total cost of medical bills that are admissible for compensation.

While the vast majority of birth defects aren't caused by medical negligence, there are cases where a healthcare worker was negligent prior to or during labor and delivery. A doctor could 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 lawsuits against drug companies where a mother's health care provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her having a child with a birth defect. We also have brought birth defect lawsuits against paint factories and semiconductor manufacturers who expose their workers to hazardous substances in the workplace.