Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's not feasible. When this happens, it's vital parents who are shocked seek the assistance of a seasoned birth defects lawyers.

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

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This may include failing to conduct prenatal testing, prescribing medications that increase the risk of birth defects, or making an error during labor and delivery.

Birth birth defects and birth injuries are typically the result of genetic and environmental factors, but sometimes they arise due to medical negligence or malpractice. If a physician fails to detect congenital disabilities during pregnancy and fails to inform the parents of the condition, parents might be eligible to file a claim for wrongful birth seeking compensation for all costs related to their child's disability.

To prevail in a medical malpractice claim in birth defects the plaintiff must show that the doctor was in breach of a duty of duty to the patient, and that he violated the duty, that his actions or lack of action directly led to damage and injuries, and that he or she suffered economic and noneconomic damages as a result of the injuries. These damages could include cost of medical bills, lost wages, pain and suffering, Birth Defects and emotional distress.

Some birth injuries and defects can be prevented through timely testing and monitoring during pregnancy, which is why it's vital for pregnant women follow their doctors' advice regarding prenatal visits. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect how a child appears, acts and functions in life. Some are minor and others can cause serious issues that could be fatal.

The causes of a child's birth defects may be due to genetic abnormalities or a variety of chemical and environmental factors. For example exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed in bringing employers to account when they expose pregnant women or their unborn children to harmful medications or substances.

In scientific literature, it has been established that certain chemicals and toxins can traverse the placenta and affect an unborn baby. These toxins are known as teratogenic. Exposure to these teratogenic chemicals could cause birth defects like cleft lips and palates, spina bifida and muscular dystrophy.

While working, mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the production of semiconductors. Parents can also be exposed to these toxins when they are consuming certain over-the-counter and prescription drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, environmental exposure can also play a role. Numerous different chemicals and toxins that are present in the home workplace, food and work environment can increase the risk of having a birth defect. These include fungicides, pesticides, lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still unable to pinpoint the root of the birth defect. It could be that an interaction between a variety of factors could cause the condition, but the challenge is evaluating the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enrol 100,000 women from representative populations as well as follow them and their children over the course of time. This study will provide the most complete information on how environmental factors affect the health of infants and children.

Many parents who suffer from a birth defect in their child feel guilty and believe that they contributed to it. However, these birth defects are usually inevitable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was born with a medical issue which could have been prevented in the first place, you may be able to claim 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 an illness, chemical or environmental exposure that is eligible for compensation. Your legal team can calculate the total cost of medical expenses that are related to your child's illness according to the severity.

Although the majority of birth defects aren't caused by medical negligence, there are instances where a doctor or healthcare worker is negligent prior to or during labor and delivery. A doctor may prescribe a medicine that hurts a baby before it is born, or make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the chance of her child being born with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers to dangerous chemicals during their work.