Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not feasible. When that becomes a reality it is vital that parents who are in shock seek the assistance of experienced birth defect 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 occurs when a physician does not adhere to the accepted standards of medical care in their area of expertise. This could include failing to conduct routine prenatal testing or prescribing medications that increase the likelihood of a birth defect, or making a mistake during labor and birth.

Birth defects and birth injury can be caused by genetic and environmental factors, however, they can also be the result of the negligence of a physician. If a physician fails to detect congenital problems in utero, and then fails not to notify parents, the parents may be eligible to file a claim for wrongful birth seeking compensation for all the expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act directly led to injuries and damages, and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages could include expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided through timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' recommendations regarding their prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can be of various severity and affect the way that children behave, look and functions. Some are minor while others can cause serious problems and can even be fatal.

The causes of birth defects could be due to genetic defects or a variety of chemical and environmental factors. Exposure to harmful chemicals, for example causes serious complications in 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 scientific research that certain toxins as well as chemicals can pass through the placenta and affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects like lips, palates, and clefts as well as spina bifida.

While they are working, many mothers are exposed of harmful chemicals. These chemicals can be ingested, inhaled or absorbed into the skin of the body. These chemicals include industrial solvents like ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. Parents may also be exposed chemicals when they consume certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. The presence of many different chemicals and toxins at the home, at work and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to pinpoint the exact cause of a birth defect. It is possible that a variety of factors may cause the condition. The problem is to study the effects of these factors 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 representative population and track them throughout their lives and their children. This study will provide the most complete information to date on how a variety of environmental factors impact fetal as well as child health.

Many parents suffering from a birth defect in their child feel guilty for having contributed to the condition, but it is the norm that these types of defects are a given. Our birth defect lawyers recognize this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by a variety causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, many of these issues can be prevented. If your child was diagnosed with a medical condition which could have been avoided and prevented, you could be able to seek compensation through a lawsuit for birth defects.

A New York birth defect attorney can assist you to determine if your child's problem is due to an illness, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's illness the legal team will also be able to calculate the total cost of associated medical bills that are qualified for compensation.

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

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers in which a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child born with a birth defect. We have also filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to toxic chemicals while in the workplace.