Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. When this happens, it's vital parents who are shocked seek the help of experienced birth defects lawyers.

Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of care in his or her area of expertise. This could mean failing to conduct routine prenatal testing or prescribing medication that increases the likelihood of birth defect or making a mistake during the birth and delivery.

Birth defects and birth injury are usually the result of environmental and genetic causes, however, they can also be a result of a doctor's negligence. For example when a doctor fails to detect a congenital disability in utero and fails to inform the parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong costs associated with the disabled child.

To prevail in a medical malpractice lawsuit in birth defect cases, the plaintiff must prove that the doctor was bound by a duty of care to the patient, that he breached the duty, and that his actions or lack of action directly caused damages and injuries, and that the plaintiff suffered economic and non-economic losses from the injuries. These damages might include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' recommendations regarding their prenatal visits. If you believe 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

In the United States, thousands of babies are born every year with birth defects. These defects are of various degrees and impact the way children behave, look and functions. Some are minor, whereas others can cause serious issues and even be fatal.

Birth birth defect law firms defects can be caused by genetic disorders or Birth defect lawsuits a variety of chemcial or environmental factors. Exposure to toxic chemicals, for instance can trigger 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 the scientific research that certain toxins and chemicals can pass through the placenta and harm the unborn baby. These toxins are referred to as teratogenic. Teratogenic chemicals can cause birth defects, such as the cleft palate, lips and spina Bifida.

Many mothers are exposed various toxic chemicals while working. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) which are used in the production of semiconductors. These toxins can also be ingested by parents who take certain prescription or over-the-counter medications. Many medications have not been tested properly on pregnant woman and may cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors is also a major cause. Many different chemicals and toxins found in the home as well as in food items can increase the risk of having a birth defect. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. However, when companies fail to protect pregnant workers, they're negligent and may be held accountable.

Researchers are still unable pinpoint exactly what causes the specific birth defect. It could be that an interaction between multiple factors may cause the condition, but the challenge is evaluating these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from representative populations and will follow them throughout their lives and their children. This study will provide the most complete data available on how a variety of environmental factors influence fetal and child health.

Many parents who have a birth defect in their child feel guilty and believe that they caused it. However, these issues are often unavoidable. Our birth defect law firms defect lawyers understand this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be cured. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney can assist you to determine if the condition of your child is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition, your legal team will be able to estimate the full cost of the medical bills admissible for compensation.

Although the vast majority of birth injuries are not caused due to medical negligence there are instances where a doctor has been negligent during or prior to labor and delivery. A doctor might incorrectly prescribe a medication that harms the baby before it's born, or they may make a mistake during surgery.

Our birth defect lawyers 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 suffering from birth defects. We also have brought birth defect lawsuits against companies that expose their workers to dangerous chemicals while working for example, a paint factory or semiconductor manufacturing company.