Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's not possible. When that happens it is crucial that stunned parents seek the help of seasoned birth defect lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in their area, it is considered medical malpractice. This may include not performing prenatal tests or prescribing drugs which increase the chance of birth defects or making a mistake during labor and birth.

Birth defects and birth injuries can be due to genetic and environmental factors, but sometimes they arise due to medical negligence or malpractice. For instance the case where a doctor fails to recognize an inborn disability and fails to inform parents of this condition, parents may make a claim for wrongful birth seeking compensation for the lifelong expenses incurred by the disabled child.

In order to win a medical malpractice claim in birth defect cases the plaintiff must show that the doctor was in breach of a duty of duty to the patient, and that he did not fulfill the duty, and that his actions or inaction action directly resulted in damages and injuries and that he suffered economic and non-economic losses because of the injuries. These damages could include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects can be prevented through timely testing and monitoring during pregnancy, so it's important for pregnant women to follow their doctors' recommendations about prenatal visits. If you believe that the birth defect of your child is due to medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects vary in severity and affect way that a child appears, behaves and performs in life. Some are minor while others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic anomalies or a range of chemcial and environmental factors. Exposure to toxic chemicals, for example, can cause serious complications in the infant. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful substances or medications.

It is well-established in scientific research that certain toxins and chemicals can pass through the placenta and affect an unborn baby. These toxins are teratogenic. Teratogenic chemicals can cause birth defects such as cleft lips, palates and spina Bifida.

Many mothers are exposed to a wide variety of toxic chemicals while at work. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) employed in the production of semiconductors. Parents can be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure can also play a role. Numerous different chemicals and toxins that are found in the home or workplace could increase the chances of a birth defect. Pesticides and fungicides are among the most common. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly 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 particular birth defect. It is possible that an interaction between multiple factors may cause the condition, but the challenge is assessing these interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from a representative population and monitor their progress over time, as well as their children. This study will provide the most complete information to date on how a variety of environmental factors impact fetal and child health.

Many parents suffering from a birth defect in their child are resentful that they have contributed to the problem, but it is the norm that these kinds of issues are unavoidable. Our birth defect attorneys understand this and are dedicated in helping families who have children with birth defects.

Product Liability

Birth problems can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes can be avoided. If your child was born with a medical issue that could have been prevented in the first place, you may be able to claim damages in a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine if your child's illness was caused by an exposure to chemicals, medication or other environmental factor that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses related to your child's condition depending on the severity.

Although the vast majority of birth injuries are not caused due to medical negligence, there have been cases where doctors have been negligent during or prior to labor and delivery. A doctor might prescribe a medication in a way that causes harm to a baby even before birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims where a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chances that she could give birth to a baby with birth defects. We have also filed birth defect lawsuits against companies that expose their workers to dangerous chemicals on the job in a paint factory or semiconductor manufacturing companies.