Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not possible. When that becomes a reality it is crucial for parents to seek out the assistance of skilled birth defect lawyers.

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

Medical Malpractice

If a doctor does not follow the accepted standard of practice in their area, it is deemed medical malpractice. It could be a failure to conduct routine prenatal tests or prescribing medication that increases the likelihood of a birth defect or making a mistake during the birth and delivery.

Birth defects and birth injuries are typically the result of genetic and environmental factors, but sometimes they occur due to a doctor's negligence or malpractice. For instance, if a physician does not recognize the presence of a congenital defect in utero and fails to inform the parents of this disability, the parents may bring a wrongful birth claim seeking compensation for all the lifetime expenses incurred by the disabled child.

To win a medical malpractice case in birth defect cases the plaintiff must show that the doctor was bound by a duty of care to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly triggered damages and injuries, and that the plaintiff suffered economic and noneconomic damages due to the injuries. These damages might include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

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

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect in the United States. These birth defects can be of various severity and affect the way that the child behaves, looks and performs. Some are minor while others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic disorders or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for example causes serious complications in the infant. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or medications.

It is well-established in scientific research that certain toxins and chemicals can enter the placenta to affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina Bifida.

Many mothers are exposed to an array of toxic chemicals while at work. These chemicals can be consumed, inhaled or absorbed through the skin of the body. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. Parents may also be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. Many drugs have not been properly tested on pregnant women and have caused birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure is also a major factor. A variety of toxins and chemicals that are present in the home or workplace can increase the risk of a birth defect. These include fungicides, pesticides, lead, heavy metals, certain paints and other chemical compounds. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable to identify the exact cause of a specific birth defect. It is possible that a combination between multiple factors may cause the condition, but the challenge is assessing the effects of these interactions in real time. This is why the National Children's Study, birth defect lawsuit now getting under way in several states, is so crucial. The NCS will enrol 100,000 women from representative populations and will follow them and their children over the long-term. This study will provide the most complete information on how environmental factors impact the health of infants and children.

Many parents who have a birth defect in their child feel guilty and believe that they contributed to it. However, these birth defects are usually unavoidable. Our birth defect lawyers understand this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes can be avoided. If your child was born with a medical issue which could have been prevented and you are entitled to recover damages through a birth defect lawsuit.

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

While the vast majority of birth defects are not caused by medical negligence, there are occasions in which a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor may prescribe a medication in a way that can harm a baby before birth, or make an error during surgery.

Our birth defect attorneys have successfully defended claims in which a mother’s health medical professional was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she will give birth to a child who has birth defects. We have also filed birth defect lawsuits against companies that expose workers to harmful substances in the workplace in a paint factory or semiconductor manufacturing company.