Birth Defect Lawsuits

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

Birth defects and injuries can be caused by medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in his or her field, it's considered medical malpractice. This could mean failing to conduct routine prenatal tests or prescribing medications that increase the chance of having a birth defect or making a misstep during the birth and delivery.

Birth defects and birth injury are usually caused by environmental and genetic causes, but they can also be caused by an error by a doctor. For instance in the event that a physician does not recognize the presence of a congenital defect in utero and fails to inform parents of the disability, the parents may make a claim for wrongful birth seeking compensation for the ongoing expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the physician violated this duty, the doctor's actions, or failure to act caused injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages may 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 are provided with the appropriate testing and monitoring. If you suspect that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects may be of different severity and impact the way a child acts, looks and functions. Some are minor, but others can cause serious issues that could be fatal.

Birth birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental factors. For instance exposure to toxic chemicals could cause serious complications for newborns. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.

In the scientific research, it is known that certain chemicals and toxins may traverse the placenta and affect an unborn baby. These toxins are referred to as teratogenic. Teratogenic chemicals can cause birth defects, such as the cleft palate, lips and spina bifida.

While they are working, many mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. These chemicals can also be consumed by parents when they take certain prescription or over-the-counter medications. This is because many pharmaceuticals are not properly tested on pregnant women and have been shown to cause 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 cause. Numerous different chemicals and toxins found in our homes or workplace can increase the risk of having a birth defect. These include fungicides, pesticides lead, heavy metals, some paints and various chemical substances. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable to pinpoint the exact cause of a birth defect. It could be that a combination of factors could cause the condition. The trick is to evaluate these interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from a representative population and track them over time and their children. This study will provide the most comprehensive data to date on how different environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt believing that they caused it. However, these birth defects are often unavoidable. Our birth defect lawyers are aware of this and are committed to helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, a lot of these issues can be prevented. If your child was diagnosed with a medical condition that could have been avoided it is possible to claim damages in a lawsuit involving birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's illness was caused by a medication, chemical exposure or other environmental factor that is eligible for compensation. Based on the severity of your child's illness the legal team will also be able to determine the total cost of associated medical bills that are admissible for compensation.

Although the vast majority of birth injuries are not caused due to medical negligence There have been instances where a doctor has been negligent during or before labor and delivery. A doctor could prescribe a medication that harms a baby even before birth, or make an error during surgery.

Our birth defect lawyers have successfully pursued claims in which a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child with birth defects. We have also filed birth defect lawsuits against companies that expose their workers to harmful substances in the workplace like a paint factory or semiconductor manufacturing company.