Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's impossible. If this happens, it is essential that parents in shock seek out the assistance of skilled birth defect lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. This could include failing to perform routine prenatal testing and prescribing a medication that increases the risk of a birth defect, or making a mistake during labor and delivery.

Birth birth defects and birth injuries are usually caused by genetic or environmental causes, but occasionally they are caused by medical negligence or malpractice. If a physician fails to detect congenital problems in utero, and then fails not to notify parents they may be able to file a claim for compensation due to a birth defect for all costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases demands that the doctor was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's actions, or failure to act caused injuries and damages, and that the victim suffered economic and non-economic damage due to his or her injuries. These damages could include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These defects can vary in severity and affect way that a child appears, behaves and performs in life. Some are minor while others can cause serious issues that could be fatal.

Birth birth defects can be caused by genetic anomalies or a range of chemcial and environmental factors. Exposure to harmful chemicals, for example causes serious complications in babies. Our firm is committed in bringing employers to account when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

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

While working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be inhaled or 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. These toxic substances can also be consumed by parents while they are taking certain prescription or over-the-counter medications. Many medications have not been properly tested on pregnant woman and have caused birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only reason. A variety of toxins and chemicals found in our homes or workplace can increase the risk of a birth defect. Pesticides and birth defect fungicides are among the most common. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is usually unavoidable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to determine the root of the birth defect. It is possible that an interaction between several factors can cause the condition, but the problem is evaluating these interactions in real-time. The National Children's Study is important because it is now underway in a variety of states. The NCS will enroll 100,000 women from representative populations as well as follow them and their children for the long-term. This study will provide the most comprehensive information to date on how many environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child are resentful and believe that they caused it. However, these issues are not always preventable. Our birth defect lawyers know this and are dedicated to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to claim damages in an action for birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's illness is caused by an exposure to chemicals, medication or other environmental factor that could be eligible for compensation. Based on the degree of your child's illness the legal team will be able to estimate the full cost of the associated medical bills that are admissible for compensation.

Although the vast majority are not due to medical negligence, there have been cases where a doctor was negligent during or before labor and delivery. A doctor could prescribe a medication in a way that causes harm to a baby even before birth, or make an error during surgery.

Our birth defect attorneys have successfully defended cases where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chance that she would give birth to a child with birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to hazardous substances in the workplace.