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Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes that's impossible. If that happens it is crucial that parents in shock seek the assistance of experienced 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 find answers.

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of care in his or her field. This could include failing to perform routine prenatal tests or prescribing medication that increases the chance of having a birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injuries are often caused by environmental and genetic causes, however, they can also be the result of a doctor's negligence. For instance the case where a doctor does not recognize a congenital disorder in the uterus and then fails to notify parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime costs associated with the disabled child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of duty to the patient, that he failed to fulfill this duty, that his actions or lack of action directly resulted in damages and injuries and that he was a victim of economic and non-economic damages because of the injuries. These damages could include medical bills and lost wages, as well as emotional distress.

Certain birth defects and injuries are preventable by timely testing and monitoring during pregnancy, so it's important for pregnant women to follow their doctors' advice regarding prenatal appointments. If you believe that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects are of various degrees and impact the way a child acts, looks and performs. Some are minor, while others can cause serious issues and may even cause death.

The causes of a child's birth defects may be due to genetic anomalies or a wide variety of environmental and chemical factors. Exposure to harmful chemicals, for instance causes serious complications in a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or medications.

In the scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta to affect an unborn child. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed to an array of toxic chemicals while at work. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) employed in the manufacture of semiconductors. Parents can also be exposed chemicals 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

While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure can also be a significant factor. The presence of various chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides and pesticides lead, heavy metals, certain paints and various chemical substances. Exposure to these toxic substances is generally inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to pinpoint exactly what causes the birth defect in a specific way. It could be that an interaction between several factors can cause the condition, but the challenge is assessing these interactions in real-time. The National Children's Study is important because it is currently underway in several states. The NCS will enroll 100,000 women from a representative population and track their progress over time and also their children. This study will provide the most comprehensive data available on how a variety of environmental factors impact fetal as well as child health.

Many parents suffering from a child's birth defect feel guilty that they somehow contributed to the condition, however it is the norm that these kinds of problems are unavoidable. Our birth defect attorneys understand this and are committed to helping families with children who have birth defects.

Product Liability

Birth defects can be caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue that could have been prevented or prevented, you could be entitled to claim damages through an action for birth defects.

A New York birth defect lawyer can help you determine whether your child's condition is the result of a medication, chemical exposure or another environmental trigger which is eligible for compensation. Depending on the severity of your child's health condition your legal team will also be able to calculate the full cost of the medical bills that are qualified for compensation.

While the vast majority of birth defects aren't caused by medical negligence, there are cases where a healthcare worker was negligent prior to or during labor and birth. A doctor might prescribe a medication incorrectly that harms a baby even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully defended claims where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she will give birth to a child suffering from birth defects. We also have filed birth defect law firms defect lawsuits against paint factories and semiconductor manufacturers who expose their workers to toxic chemicals while during their work.