Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's impossible. When that happens it is crucial that stunned parents seek out the assistance of skilled birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defect law firm can help you get answers.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This could mean failing to conduct prenatal testing and prescribing medicines which increase the chance of birth defects, or making an error during labor and birth.

Birth defects and birth injuries are usually caused by genetic and environmental causes, but sometimes they arise due to a doctor's negligence or malpractice. For example when a doctor does not recognize an inborn disability and then fails to notify parents of this disability, the parents can file a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician had a duty to the patient of care, that the physician did not fulfill this duty, that the doctor's negligence or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' advice regarding their prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, speak to an experienced 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 birth defects can vary in severity and affect way that a child appears and behaves in life. Some are minor while others can lead to serious issues that could be fatal.

The reasons for a child's birth defects can be attributed to genetic defects or a range of chemical and environmental factors. For example exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or drugs.

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

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

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's not the only cause. The presence of many different toxins and chemical compounds in the home, at work and in food can increase the risk of birth defects. Pesticides and fungicides are among the most common. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when companies fail to protect pregnant workers they're negligent and may be held responsible.

Researchers are unable to pinpoint exactly what causes a particular birth defect. It is possible that a variety of factors could cause the condition. The problem is to analyze the interactions in real-time. The National Children's Study is important because it is in progress across several states. The NCS will enrol 100,000 women from representative populations and will follow them and their children for the long-term. This study will provide the most complete data available on how many environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child feel guilt and believe that they contributed to it. However, these issues are often unavoidable. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Birth problems are caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was diagnosed with a medical condition which could have been avoided or prevented, you might be able to claim damages in a lawsuit involving birth defects.

A New York birth defect attorney will be able help you determine if your child's problem is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Based on the severity of your child's illness your legal counsel will also be able to determine the total cost of medical bills eligible for compensation.

While the majority of these cases are not the result of medical negligence however, there have been instances in which a doctor was negligent during or prior to labor and birth. A doctor might incorrectly prescribe a medication which harms the baby before it's born, or make an error during surgery.

Our birth defect attorneys have successfully defended allegations that a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chance that she could give birth to a child suffering from birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to dangerous chemicals during their work.