Birth Defect Lawsuits

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

Birth problems and injuries can be caused by medical negligence and dangerous drugs as well as exposure to environmental hazards. A New York birth defects law firm can assist.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. It could be a failure to perform routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect, or making a mistake during labor and birth.

Birth birth defects and birth injuries are usually caused by genetic or environmental causes, but occasionally they are the result of medical negligence or malpractice. For instance when a doctor does not recognize the presence of a congenital defect in utero and fails to inform parents of this disability, the parents can file a wrongful birth claim seeking compensation for all the lifetime expenses associated with the disabled child.

In order to win a medical negligence case in birth defect cases the plaintiff has to prove that the doctor was in breach of a duty of care to the patient, that he failed to fulfill the duty, and that his actions or inaction action directly led to damage and injuries, and that he was a victim of economic and non-economic damages as a result of the injuries. These damages could include medical bills or lost wages, as well emotional distress.

Some birth injuries and defects are preventable by timely testing and monitoring during pregnancy, so it's important for pregnant women to adhere to their doctor's recommendations regarding prenatal visits. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects can be of varying severity and impact the way a child acts, looks and performs. Some are minor while others can lead to serious issues that could be fatal.

Birth problems can be caused by genetic abnormalities or a variety of chemcial and environmental factors. For instance, exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to holding employers accountable for exposing pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in the scientific research that certain toxins and chemicals can cross the placenta to affect an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals can cause birth defects like the cleft palate and lips as well as spina bifida, and muscular dystrophy.

While they are working, mothers are exposed to a range of harmful chemicals. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) which are used in the manufacturing of semiconductors. Parents can also be exposed poisons when they consume certain prescription and over-the counter drugs. Many medications have not been properly tested on pregnant woman and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. Many different toxins and chemicals found in our homes or workplace can increase the risk of having a birth defect. These include pesticides, fungicides lead, heavy metals, certain paints, and other chemical compounds. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable pinpoint exactly what causes a specific birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the problem is evaluating the interactions in real-time. The National Children's Study is important because it is currently underway in several states. The NCS will enroll 100 women from the representative population and will follow them and their children for the long term. This study will provide the most complete data to date on how various environmental factors influence fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they caused it. However, these birth defects are not always preventable. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was born with a medical condition that could have been avoided in the first place, you may be able to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine whether your child's illness was caused by a medication, chemical exposure or another environmental trigger that is a reason to seek compensation. The legal team of your lawyer can estimate the total cost of medical expenses associated with your child's condition according to the severity.

Although the vast majority of birth injuries are not caused due to medical negligence There have been instances where a doctor was negligent prior to or during labor and birth. 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 defended claims against drug manufacturers when a mother's medical care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child developing a birth defect. We also have brought birth defect lawsuits against companies that expose workers to dangerous chemicals in the workplace like a paint factory or semiconductor manufacturing company.