Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's not possible. If that happens it is imperative for parents to seek the help of seasoned birth defect lawyers.

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

Medical Malpractice

Medical malpractice occurs when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This might involve failing to perform routine prenatal tests or prescribing medications that increase the risk of a birth defect, or making a mistake during labor and birth.

Birth defects and birth injuries are usually due to genetic and environmental factors, but sometimes they are caused by an error or negligence of a physician. For instance in the event that a physician does not recognize a congenital disorder in the uterus and then fails to notify parents of this disability, the parents may file a wrongful birth claim seeking compensation for the lifetime expenses incurred by the disabled child.

In order to win a medical negligence case in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of care to the patient, and that he violated this duty, that his actions or lack of action directly led to damages and injuries, and that the patient suffered economic and non-economic losses as a result of the injuries. These damages could include medical bills as well as lost wages and emotional stress.

Prenatal visits are essential to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical malpractice caused the birth defect of your child you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These defects can be of various severity and impact the way a child acts, looks and functions. Some are minor while others can cause serious problems and even lead to death.

The causes of a child's birth defects may be due to genetic abnormalities or a range of chemical and environmental factors. Exposure to toxic chemicals, for instance causes serious complications in a newborn. Our firm is committed to ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

In the scientific research, it is known that certain chemicals and toxins can be transmitted through the placenta, affecting the unborn child. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects such as lips, palates, and clefts as well as spina bifida.

Many mothers are exposed many toxic chemicals when they are working. They can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. These contaminants can also be ingested by parents while they are taking certain over-the counter and prescription drugs. This is because a lot of pharmaceuticals are not properly tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also play a role. Many different toxins and chemicals found in the home as well as in food items can increase the chance of having a birth defect. This includes fungicides and pesticides, lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is almost always inevitable. However, if companies fail to safeguard pregnant employees they are negligent and can be held responsible.

Researchers are still trying to find the root of the birth defect. It could be that an interaction between a variety of factors could cause the condition, but the problem is assessing these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a representative population and monitor them over time and also their children. This study will provide most comprehensive information about how environmental factors impact the health of infants and children.

Many parents who have a birth defect in their child feel guilt and believe that they are responsible for it. But, these problems are usually unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be avoided. If your child was born with a medical condition that could have been prevented and you are entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's problem is due to a medication, chemical or environmental exposure that qualifies 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.

While the majority of cases are not the result of medical negligence however, there have been instances where a doctor has been negligent prior to or during labor and delivery. A doctor might incorrectly prescribe a medication that harms the baby before it's born, or they may make an error during surgery.

Our birth defect lawyers have successfully litigated cases where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she will give birth to a baby with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers dangerous chemicals when they work.