Birth Defect Lawsuits

Parents want their children perfect however sometimes it's not always possible. When this happens, it's crucial that parents who are stunned seek the assistance of a seasoned birth defect lawyers.

Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of medical care in their area of expertise. This could mean not performing prenatal tests, prescribing medications which increase the chance of birth defects, or making an error during labor and delivery.

Birth defects and birth injury are usually caused by environmental and genetic causes, however, they can also be the result of a doctor's negligence. For example in the event that a physician fails to detect a congenital disability in utero and fails to notify parents of this condition, parents may make a claim for wrongful birth seeking compensation for all the lifetime costs associated with the disabled child.

In order to prevail in a medical malpractice lawsuit in birth defects, the plaintiff must prove that the doctor owed a breach of care to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly resulted in damages and injuries, and that he suffered economic and noneconomic damages as a result of the injuries. These damages could include medical bills as well as lost wages and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the proper testing and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects can vary in severity and affect how a child appears and behaves throughout life. Some are minor and others can cause serious issues that could be fatal.

The causes of a child's birth defects can stem from genetic anomalies or a wide range of chemical and environmental factors. For instance, exposure to toxic chemicals could cause serious problems for a newborn. Our firm is determined to hold employers accountable for Birth Defect Law Firm exposed pregnant women and their unborn babies to harmful chemicals or medications.

In scientific literature, it is established that certain chemicals and toxins can traverse the placenta to affect the unborn child. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals may cause birth defects like the cleft lip and palate, spina bifida and muscular dystrophy.

Many mothers are exposed an array of toxic chemicals while they are working. They can be ingested, inhaled or absorbed into the body's skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. These contaminants can also be ingested by parents when they take certain over-the counter and prescription drugs. This is due to the fact that many drugs are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only cause. The presence of a variety of chemicals and toxins in the home, at work and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most common. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. 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 find the exact cause of a birth defect. It could be that an interaction with multiple factors could trigger the condition, but the difficulty is assessing these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from a representative population and follow their progress over time as well as their children. This study will provide the most complete data to date on how various environmental factors influence fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they were responsible for the defect. But, these problems are not always preventable. Our birth defect lawyers recognize this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes can be prevented. If your child was born with a medical issue that could have been prevented, you may be entitled to claim damages through an action for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's condition is the result of a medication, chemical exposure or other environmental factor which is eligible for compensation. Depending on the severity of your child's illness your legal counsel will also be able to determine the full cost of the associated medical expenses that are eligible for compensation.

While the majority of cases are not caused due to medical negligence however, there have been instances where a doctor was negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication that harms a baby before it is born, or make a mistake during surgery.

Our waco birth defect law firm defect lawyers have successfully defended lawsuits against drug companies in which a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her having a child born with birth defect. We also have brought birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers dangerous chemicals during their work.