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Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's not possible. When this happens, it's vital parents who are shocked seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous medications, 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

When a doctor fails adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This might involve failing to perform routine prenatal testing or prescribing medications that increase the likelihood of birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injuries are often the result of genetic and environmental causes, however sometimes they are the result of medical negligence or malpractice. For instance, if a physician fails to recognize an inborn disability and fails to inform parents of the impairment, parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses associated with the disabled child.

To win a medical negligence case in birth defect cases the plaintiff must demonstrate that the doctor owed a breach of duty to the patient, that he failed to fulfill the duty, that his actions or lack of action directly caused damages and injuries and that he or she was a victim of economic and non-economic damages from the injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth injuries and defects can be prevented by timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' advice about prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice and birth defect lawyer injury lawyer right away.

Toxic Chemicals

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

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

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta and affect the unborn baby. These chemicals are teratogenic. The exposure to these chemicals can cause birth defects like cleft lips and palates, spina bifida and muscular dystrophy.

While working, many mothers are exposed to a range of toxic chemicals. These chemicals can be consumed or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) used in the production of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. This is due to the fact that many drugs are not adequately tested on pregnant women and have been demonstrated to cause 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 various chemicals and toxins at the home, at work and in food can increase the risk of birth defects. This includes fungicides and pesticides, lead, heavy metals, certain paints and other chemical substances. Exposure to these toxic substances is usually unavoidable. However, if companies do not take precautions to protect pregnant employees, they're negligent and may be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It is possible that an interaction between multiple factors may cause the condition, but the difficulty 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 enrol 100,000 women from representative populations and follow them and their children for the long-term. This study will provide the most complete data to date about how a variety of environmental factors influence fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the disorder, but it's often the case that these types of defects are not a choice. Our birth defect lawyers understand this and are dedicated 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 genetic. Fortunately, the majority of these issues can be prevented. If your child was born with a medical issue that could have been avoided in the first place, you may be able to recover damages through an action for birth defects.

A New York birth defect attorney can help you determine if your child's problem is due to a medication, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical bills associated with your child's condition based on the severity.

While the majority of these cases are not caused due to medical negligence, there have been cases where a doctor has been negligent during or before labor and birth. A doctor might prescribe a medication that harms a baby even before the birth, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in which a mother's health care provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her having a child with a birth defect. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers to harmful chemicals in the workplace.