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Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's not feasible. When this happens, it's important parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

When a doctor fails adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This could be due to failing to perform prenatal screening or prescribing drugs that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth birth defects and birth injuries can be caused by genetic or environmental causes, but sometimes they arise due to the negligence or malpractice of a doctor. If a physician fails to detect congenital problems in utero and fails to inform the parents of the condition, parents might be eligible to file a claim for compensation due to a birth defect for all expenses related to their child's disability.

To prevail in a medical malpractice lawsuit in birth defects the plaintiff must show that the doctor owed a duty of care to the patient, that he failed to fulfill the duty, and that his actions or inaction 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 might include the costs of medical bills lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' advice regarding their prenatal visits. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer as soon as you can.

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 the way a child looks, behaves and performs in life. Some are minor, while others can cause serious problems that may be fatal.

The causes of a child's birth defects could be due to genetic disorders or a range of chemical and environmental factors. Exposure to toxic chemicals, for instance, can cause serious complications in the newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or medications.

It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta to affect the unborn baby. These toxins are known as teratogenic. Exposure to these teratogenic chemicals may cause birth defects, such as cleft lips and palates as well as spina bifida, and muscular dystrophy.

While they are working, many mothers are exposed of harmful chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the manufacture of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription or over-the-counter medications. This is due to the fact that many drugs are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure is also a major cause. Numerous different chemicals and toxins found in the home or workplace can increase the likelihood of a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is often inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to pin down exactly what causes a particular birth defect. It could be that an interaction with multiple factors could trigger the condition, but the problem is evaluating the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from a representative populations and will follow them throughout their lives, as well as their children. This study will provide the most complete data to date about how different environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child are resentful believing that they are responsible for it. However, these birth defects are not always preventable. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children who suffer from 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 prevented. If your child was born with a medical condition which could have been prevented, you may be entitled to compensation through an action for birth defects.

A New York birth defect attorney will be able help you determine if your child's condition is caused by an illness, chemical or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness the legal team will also be able to calculate the full cost of the medical bills that are qualified for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are instances where a healthcare worker is negligent before or during labor and birth. A doctor may prescribe a medication in a way that can harm a baby before the birth, or make an error in surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her child developing birth defects. We also brought birth defect lawsuits against companies that expose employees to dangerous substances at work, such as a paint factory or semiconductor manufacturing company.