Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's not always possible. When this happens, it's important that parents who are shocked seek the help of experienced birth defects lawyers.

Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of care in his or her area of expertise. This could mean failing to conduct prenatal testing, prescribing medications that increase the risk of birth defect attorneys defects or making a mistake during labor or delivery.

Birth defects and birth injury are usually caused by environmental and genetic causes, however, they could also be caused by the negligence of a doctor. For instance the case where a doctor fails to detect a congenital disorder in the uterus and fails to inform the parents of this impairment, parents can file a wrongful birth claim seeking compensation for the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the physician violated this duty, the doctor's negligence or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages may include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. Therefore, it's vital for pregnant women adhere to their doctor's recommendations about prenatal visits. 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 defects are of various degrees and impact the way children behave, appear and functions. Some are minor, but others can cause serious issues that could be fatal.

Birth defects can be caused by genetic defects or a range of chemcial and environmental causes. For example exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or medications.

In scientific literature, it is established that certain chemicals and toxins may traverse the placenta and affect an unborn baby. These toxins are called teratogenic. Exposure to these chemicals can cause birth defects, such as Cleft lips and palates as well as spina Bifida and muscular dystrophy.

While they are working, many mothers are exposed to a range of harmful chemicals. These chemicals can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) used in the production of semiconductors. Parents may also be exposed chemicals 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 one of the most common causes of birth defects, exposure to environmental factors can also be a significant factor. A variety of toxins and chemicals found in the home as well as in food items can increase the chance of a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant employees, they are negligent and can be held responsible.

Researchers are unable to pin down exactly what causes a particular birth defect. It is possible that a combination of factors could cause the condition. The next step is to analyze the effects of these factors in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from representative population and track them throughout their lives as well as their children. This study will provide the most complete information to date on how different environmental factors affect fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they are responsible for it. But, these problems are usually unavoidable. Our birth defect lawyers are aware of this and are dedicated in helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided, you may be able to claim damages in a lawsuit involving birth defects.

A New York birth defect attorney will be able to help you determine if the condition of your child is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's condition, your legal team will be able to estimate the total cost of associated medical bills that are eligible for compensation.

Although the majority of birth defects aren't caused due to medical negligence, there are instances in which a doctor or healthcare worker has been negligent prior to or during labor and delivery. A doctor could prescribe a medicine incorrectly, which could harm a baby, even before birth, or even make an error in surgery.

Our birth defect lawyers have successfully pursued claims against drug manufacturers in which a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chance of her having a child with birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor producers which expose their employees to toxic chemicals while in the workplace.