Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not always possible. If this happens, it's essential that parents who are shocked seek the assistance of a seasoned birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their area, it is considered medical malpractice. This might involve failing to conduct routine prenatal testing and prescribing a medication that increases the risk of a birth defect or making a misstep during labor and delivery.

Birth defects and birth injury are usually the result of environmental and genetic causes, however, they could also be the result of an error by a doctor. For instance in the event that a physician fails to detect a congenital disability in utero and fails to inform parents of this disability, the parents can make a claim for wrongful birth seeking compensation for the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases demands that the doctor was obligated to the patient to perform a duty of care, that the physician did not fulfill this duty, that the doctor's actions or failure to act led directly to injuries and damages, and that the victim was harmed economically and non-economically due to his or her injuries. These damages could include medical bills and lost wages, as well as emotional stress.

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These birth defects can vary in severity and impact the manner in which a child looks, behaves and performs in life. Some are minor while others can cause serious problems that may be fatal.

Birth problems can be caused by genetic defects or a range of chemcial and environmental causes. For example exposure to toxic chemicals could cause serious complications for a newborn. Our company is committed to ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful medications or substances.

It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta to affect an unborn baby. These toxins are referred to as teratogenic. The exposure to these chemicals can cause birth defects, such as the cleft palate and lips as well as spina Bifida and muscular dystrophy.

While they are working, mothers are exposed to a variety of harmful chemicals. These chemicals can be consumed or inhaled through the body's skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription and over-thecounter medicines. Many medications have not been thoroughly tested on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's far from the only one. The presence of numerous toxins and chemical compounds in the workplace, at home and in food items can increase the risk of birth defects. These include fungicides, pesticides lead, heavy metals, some paints and various chemical substances. Exposure to these toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still unable to pinpoint exactly what causes the specific birth defect. It is possible that a mix of factors can cause the condition. The trick is to evaluate these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative population and follow their progress over time, as well as their children. This study will provide the most complete data available on how different environmental factors affect fetal and child health.

Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the problem, but it's often the case that these kinds of problems are a given. Our birth defect attorneys understand this and are dedicated in helping families whose children are born with birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be cured. If your child was diagnosed with a medical condition that could have been prevented it is possible to get compensation in a lawsuit involving birth defects.

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

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

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