Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not possible. If this happens it is vital that stunned parents seek the assistance of experienced birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice and drugs that are harmful, and environmental exposure. A New York birth defect law firm (Continue Reading) can provide answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in their area, it is considered medical malpractice. This could include failing to perform prenatal testing, prescribing medications that increase the chance of birth defects or committing an error during labor and delivery.

Birth birth defects and birth injuries are often caused by genetic and environmental causes, but occasionally they occur due to medical negligence or malpractice. For example, if a physician does not recognize a congenital disability in utero and fails to inform parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the ongoing costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty to the patient of care, that the physician violated this duty, the doctor's actions or inability to act led directly to injuries and damages, and that the victim suffered economic and non-economic damage due to his or her injuries. These damages could include medical expenses or lost wages, as well emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the necessary tests and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These birth defects can range in severity and affect the way that a child appears and behaves throughout life. Some are minor, whereas others can cause serious problems and may even cause death.

Birth problems can be caused by genetic disorders or a variety of environmental and chemcial factors. For example exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn children to harmful substances or medications.

It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta and harm an unborn baby. These toxins are called teratogenic. These teratogenic chemicals can cause birth defects such as cleft lips, palates and spina bifida.

While they are working, many mothers are exposed to a range of toxic chemicals. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. Parents can also be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. Many pharmaceuticals have not been adequately tested on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's not the only reason. The presence of various chemical compounds and toxins in the workplace, at home and in food items can increase the risk of birth defects. These include fungicides, pesticides, lead, heavy metals, certain paints and many other chemical substances. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still trying to find the precise cause of a birth defect. It is possible that a combination between multiple factors may cause the condition, but the difficulty is assessing the effects of these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from a representative population and follow their progress over time, as well as their children. This study will provide the most comprehensive information about how environmental factors affect the health of infants and children.

Many parents who have a birth defect in their child feel guilty believing that they were responsible for the defect. However, these issues are usually unavoidable. Our birth defect attorneys are aware of this and are committed to helping families with children who have birth defects.

Product Liability

Birth problems can be caused by many causes, from drug or alcohol use during pregnancy to genetic. Fortunately, most of these causes can be cured. If your child was born with a medical condition that could have been avoided and you are entitled to claim 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 qualifies for compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness according to the severity.

Although the majority of birth defects are not caused by medical negligence, there are instances where a doctor or healthcare worker is negligent before or during labor and birth. A doctor could incorrectly prescribe a medication which harms the baby before it is born, or they may make an error during surgery.

Our birth defect attorneys have successfully defended cases where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she would give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against semiconductor and birth defect law firm paint factories which expose their employees to hazardous substances at work.