Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not possible. When that happens it is imperative that parents in shock seek the help of seasoned birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice is when a doctor violates the accepted standard of care in his or her area of expertise. This may include failing to conduct prenatal testing or prescribing drugs which increase the chance of birth defects or making a mistake during labor and delivery.

Birth birth defects and birth injuries are typically due to genetic and environmental factors, but sometimes they arise due to the negligence or malpractice of a doctor. For instance when a doctor fails to recognize a congenital disorder in the uterus and fails to inform parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician has a responsibility to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic damages due to his or her injuries. These damages could include medical expenses, lost wages and emotional distress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate testing and monitoring. 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 as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of varying severity and impact the way the child behaves, looks and functions. Some are minor, but others can cause serious problems that may be fatal.

The reasons for a child's birth defects could be due to genetic abnormalities or a range of chemical and environmental factors. Exposure to toxic chemicals, for example can trigger serious complications in the newborn. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful chemicals 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 called teratogenic. Exposure to these teratogenic chemicals may cause birth defects such as the cleft lip and palate as well as spina Bifida and muscular dystrophy.

Many mothers are exposed many harmful chemicals when they are working. These chemicals can be inhaled or inhaled, or absorbed by the 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 who take certain over-the counter and prescription drugs. This is due to the fact that many drugs are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only one. The presence of a variety of chemical compounds and toxins in the home, at work and in food items can increase the risk of developing birth defects. These include fungicides, pesticides lead, heavy metals, certain paints and various chemical substances. Exposure to toxic substances is nearly always inevitable. But, when businesses fail to protect pregnant employees, they're negligent and could be held accountable.

Researchers are still unable identify the exact cause of the birth defect in a specific way. It is possible that an interaction between several factors can cause the condition, but the challenge is evaluating the interactions in real-time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100,000 women from representative populations and monitor them and their children for the long-term. This study will provide the most complete data available on how different environmental factors affect fetal and child health.

Many parents suffering from a child's birth defect feel guilty that they may have contributed to the problem, but it is often the case that these types of defects are a given. Our birth defect attorney defect lawyers are aware of this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by many causes, from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes are preventable. If your child was born with a medical condition that could have been prevented, you may be entitled to compensation through an action for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's condition was caused by chemical exposure, a drug or other environmental trigger that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness in relation to the severity.

Although the vast majority of birth injuries are not caused due to medical negligence, there have been cases where a doctor has been negligent during or prior to labor and birth. A doctor might incorrectly prescribe a medication that harms an infant before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted claims where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the risk that she could give birth to a child suffering from birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor producers which expose their employees to dangerous chemicals in the workplace.