Birth Defect Lawsuits

Parents want their children perfect however sometimes it's not possible. If this happens, it's vital that parents who are stunned seek the help of experienced birth defect lawyers.

Birth injuries and birth defects can result from medical malpractice, drugs that are dangerous 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 adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This might involve failing to conduct routine prenatal testing and prescribing a medication that increases the likelihood of birth defect or making a mistake during labor and birth.

Birth defects and birth injury can be caused by genetic and environmental factors, however, they can also be caused by an error by a doctor. If a physician fails to detect congenital defects in utero and fails to inform the parents that their child is disabled, parents may be legally able to file a case for compensation due to a birth defect for all expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the physician violated this duty, the doctor's actions or inability 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 medical bills as well as lost wages and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer 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, but others can cause serious problems that may be fatal.

Birth defects can be caused by genetic defects or a range of environmental and chemcial factors. For instance exposure to toxic chemicals could cause serious health issues for newborns. Our firm is determined to hold employers accountable for the exposure of pregnant women and newborn babies to harmful substances or drugs.

It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta and harm the unborn baby. These toxins are 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 an array of toxic chemicals while working. They can be inhaled, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, environmental exposure is also a major factor. Many different chemicals and toxins found in the home or workplace could increase the chances of a birth defect. These include fungicides, pesticides and lead, as well as heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to determine the precise cause of a birth defect. It could be that a combination of factors can cause the condition. The problem is to evaluate the effects of these factors in real-time. The National Children's Study is important since it is currently in process across several states. The NCS will enroll 100,000 women from a representative population and follow them over time as well as their children. This study will provide the most comprehensive data available on how various environmental factors impact fetal as well as child health.

Many parents suffering from a birth defect in their child are resentful that they have contributed to the condition, however it's usually the case that these kinds of problems are not a choice. Our birth defect attorneys are aware of this and are committed to helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition which could have been avoided and prevented, you could be able to seek compensation through lawsuits for birth defects.

A New York birth defect lawyer can assist you determine whether your child's illness was caused by an exposure to chemicals, medication or any other environmental cause that could be eligible for compensation. Depending on the severity of your child's illness, your legal team will also be able calculate the full cost of the associated medical expenses that are admissible for compensation.

Although the vast majority are not due to medical negligence however, there have been instances where doctors have been negligent during or prior to labor and delivery. A doctor might prescribe a medicine incorrectly, which harms a baby even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully litigated claims where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the risk that she would give birth to a baby with birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers toxic chemicals while in the workplace.