Birth Defect Lawsuits

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

Birth problems and injuries can be caused by medical negligence, drugs that are dangerous, and environmental exposure. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a doctor does not adhere to the accepted standards of care in his or her field. This could mean failing to conduct routine prenatal testing or prescribing medication that increases the chance of having a birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injuries are often caused by genetic or environmental causes, but occasionally they arise due to an error or negligence of a physician. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to inform parents of the condition, parents might be eligible to file a claim for compensation due to a birth defect for all expenses associated with their disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the physician did not fulfill this duty, that the doctor's negligence or failure to act directly caused injuries and damages, and that the victim was harmed economically and non-economically due to his or her injuries. These damages might include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects are preventable with timely testing and monitoring during pregnancy, so it's important for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can be of various severity and impact the way the child behaves, looks and functions. Some are minor, but others can cause serious issues and even be fatal.

The causes of a child's birth defects may be due to genetic abnormalities or a variety of chemical and environmental factors. Exposure to harmful chemicals, for example could cause serious problems in the infant. Our firm is committed to ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

It is well-established in scientific studies that certain toxicants and chemicals can enter the placenta and affect the unborn baby. These toxins are teratogenic. Teratogenic chemicals can cause birth defects like cleft lips, palates and spina Bifida.

Many mothers are exposed to many harmful chemicals when they are working. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) used in the production of semiconductors. Parents can be exposed to these chemicals when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and have been shown to cause 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. A variety of toxins and chemicals found in our homes or workplace can increase the chance of a birth defect law firms 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 often inevitable. But, when businesses fail to protect pregnant employees they're negligent and may be held accountable.

Researchers are still trying to find the exact cause of a birth defect. It is possible that a mix of factors can trigger 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 beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from representative population and follow them over time, as well as their children. This study will provide the most complete data to date on how various environmental factors affect fetal and child health.

Many parents who have a birth defect in their child are resentful and believe that they contributed to it. However, these issues are usually inevitable. Our birth defect lawyers understand this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Birth defects are caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be cured. If your child was diagnosed with a medical condition which could have been avoided and prevented, you could be able to recover damages in a lawsuit for birth defects.

A New York birth defect lawyer can help you determine if your child's condition was caused by chemical exposure, a medication or other environmental factor that could be eligible for compensation. Based on the degree of your child's illness your legal team will also be able to calculate the full cost of the associated medical bills that are admissible for compensation.

While the majority of these cases are not the result of medical negligence there are instances in which a doctor was negligent during or before labor and birth. A doctor could prescribe a medication in a way that harms a baby even before birth, or may make an error in surgery.

Our birth defect attorneys have successfully litigated cases where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chance that she would give birth to a baby with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to hazardous substances at work.