Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's impossible. If this happens, it's crucial that parents who are shocked seek the assistance of experienced birth defect lawyers.

Birth problems and injuries can result from medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defect law firm can provide answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in his or her field, it's considered medical malpractice. This may include failing to perform prenatal testing and prescribing medicines which increase the chance of birth defects or making a mistake during labor or delivery.

Birth defects and birth injuries are usually caused by genetic and environmental causes, but sometimes they are the result of medical negligence or malpractice. If a doctor fails to detect congenital disabilities in utero, and then fails not to notify parents, the parents may be able to file a claim for compensation due to a birth defect for all costs for their child's disabilities.

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

Prenatal visits are important to ensure that pregnant women are provided with the appropriate testing and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects can vary in severity and impact way a child looks, behaves and performs in life. Some are minor while others can lead to serious issues that could be fatal.

The causes of birth defects can stem from genetic defects or a variety of environmental and chemical factors. For example, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or drugs.

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

While they are working, mothers are exposed to a variety of toxic chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. These contaminants can also be ingested by parents while they are taking certain over-the counter and prescription drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's not the only one. A variety of toxins and chemicals that are present in the home as well as in food items can increase the risk of a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints, and other chemical substances. Exposure to these toxic substances is often inevitable. However, when companies fail to protect pregnant workers, they're negligent and could be held accountable.

Researchers are still unable to identify the exact cause of a specific birth defect. It is possible that a combination of factors can trigger the condition. The trick is to study these interactions in real time. The National Children's Study is important because it is currently underway across several states. The NCS will enroll 100,000 women from a representative population and monitor their progress over time as well as their children. This study will provide the most comprehensive data to date about how a variety of environmental factors impact fetal as well as child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the condition, however it's often the case that these kinds of problems are inevitable. Our birth defect lawyers recognize this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was born with a medical condition which could have been prevented and you are entitled to claim damages through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if your child's problem is caused by a medication, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical bills related to your child's condition depending on the severity.

While the vast majority of birth defects are not caused by medical negligence, there are occasions where a healthcare worker has been negligent prior to or during labor and birth. A doctor may prescribe a medication that harms the baby before it is born, or they may make an error during surgery.

Our birth defect attorneys have successfully litigated allegations that a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the risk that she will give birth to a child with birth defects. We also have brought birth defect lawsuits against companies that expose employees to hazardous substances in the workplace for example, a paint factory or semiconductor manufacturing company.