Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not possible. If this happens it is vital that stunned parents seek the help of experienced birth defect lawyers.

Birth injuries and birth defects could be caused by medical malpractice and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm can help you get answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in their field, it's considered medical malpractice. This may include not performing prenatal tests and prescribing medicines that increase the risk of birth defects or making a mistake during labor or delivery.

Birth defects and birth injury can be caused by genetic and environmental factors, however, they can also be a result of an error by a doctor. If a doctor fails detect congenital disabilities in utero and fails to inform parents they may be able to file a claim for compensation in the event of a wrongful birth. for all costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician was obligated to the patient to perform a duty of care, that the doctor breached this duty, that the doctor's actions or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damage as a result of the injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the proper testing and monitoring. If you suspect that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These defects vary in severity and affect the how a child appears and behaves in life. Some are minor, but others can cause serious issues and can even be fatal.

Birth problems can be caused by genetic defects or a range of environmental and chemcial factors. For instance exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful substances or medications.

It is well-established in scientific research that certain toxins and chemicals can enter the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as Cleft lips and palates as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to many toxic chemicals when they are at work. They can be ingested, inhaled or absorbed into the skin of the body. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) that are used in the manufacturing of semiconductors. These toxins can also be ingested by parents when they take certain over-the counter and prescription drugs. This is due to the fact that a number of drugs have not been 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, exposure to environmental factors is also a major cause. A variety of toxins and chemicals found in the home workplace, food and work environment can increase the chance of having a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, when employers fail to protect pregnant employees they are negligent and can be held responsible.

Researchers are still unable to pinpoint exactly what causes the specific birth defect. It could be that an interaction with multiple factors could trigger the problem, but the issue is assessing the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative populations and follow them and their children over the long term. This study will provide the most complete data to date about how a variety of environmental factors affect fetal and child health.

Many parents suffering from a child's birth defect feel guilty for having contributed to the disorder, but it is often the case that these kinds of issues are not a choice. Our birth defect lawyers understand this and are dedicated in helping families with children with birth defects.

Product Liability

Birth defects can be caused by many causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, a lot of these causes are preventable. If your child was born with a medical condition that could have been prevented and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect attorney can help you determine if the condition of your child is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team can calculate the total cost of medical bills that are related to your child's illness based on the severity.

Although the majority of birth defects aren't caused by medical negligence, there are instances in which a doctor or healthcare worker was negligent before or during labor and delivery. A doctor might prescribe a medicine incorrectly, which could harm a baby, even before birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the risk that she will give birth to a child who has birth defects. We have also brought birth defect lawsuits against companies that expose their workers to hazardous substances on the job, such as a paint factory or semiconductor manufacturing company.