Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not possible. When that becomes a reality it is imperative for parents to seek out the assistance of skilled birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical negligence occurs when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This could mean failing to perform routine prenatal testing, prescribing medication that increases the risk of a birth defect or making a mistake during labor and birth.

Birth birth defects and birth injuries are usually the result of genetic and environmental causes, but occasionally they are caused by the negligence or malpractice of a doctor. If a physician fails to detect congenital defects in utero, and then fails not to inform parents of the problem of the condition, parents might be able to file a claim for compensation due to a birth defect for all expenses related to their child's disability.

In order to win a medical malpractice claim in birth defect cases, the plaintiff must prove that the doctor was in breach of a duty of care to the patient, that he failed to fulfill this duty, that his actions or lack of action directly triggered damage and injuries, and that the patient suffered economic and noneconomic damages as a result of the injuries. These damages might include the costs of medical bills lost wages as well as pain and suffering and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the necessary tests and monitoring. If you believe that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect in the United States. These defects are of various degrees and impact the way children behave, appear and performs. Some are minor and others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental factors. Exposure to toxic chemicals, for instance, can cause serious complications in the newborn. Our firm is committed in making employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

In scientific research, it is known that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals may cause birth defects like lips, palates, and clefts as well as spina Bifida.

Many mothers are exposed an array of toxic chemicals while at work. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. These toxins can also be ingested by parents who take certain prescription and over-the-counter drugs. Many drugs have not been tested properly on pregnant woman and have caused birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of a variety of chemical compounds and toxins in the workplace, at home and in food can increase the risk of birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and many other chemical substances. Exposure to toxic substances is almost always inevitable. But, when businesses fail to safeguard pregnant employees they're negligent and could be held responsible.

Researchers are still unable determine exactly what causes the specific birth defect. It is possible that a combination between multiple factors may cause the condition, but the difficulty is assessing these interactions in real-time. The National Children's Study is important because it is currently underway across several states. The NCS will enroll 100,000 women from a representative population and track them throughout their lives as well as their children. This study will provide most comprehensive data on how environmental factors impact fetal and childhood health.

Many parents who suffer from a birth defect in their child feel guilty and believe that they are responsible for it. However, these birth defects are usually unavoidable. Our birth defect lawyers understand this and are committed to helping families whose children are born with birth defects.

Product Liability

Birth problems can be caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided and prevented, you could be able to seek compensation through a lawsuit involving birth defects.

A New York birth defect lawyer can help you determine whether your child's illness was caused by chemical exposure, a medication or another environmental trigger that is eligible for compensation. Depending on the severity of your child's health condition your legal team will be able to estimate the total cost of associated medical expenses that are admissible for compensation.

While the majority of these cases are not due to medical negligence, there have been cases in which a doctor was negligent during or before labor and birth. A doctor could incorrectly prescribe a medication that injures a 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 healthcare provider was exposed prescription drugs or toxic chemicals which increased the risk that she will give birth to a child who has birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to dangerous chemicals when they work.