Birth Defect Lawsuits

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

Birth injuries and birth defects can result from medical malpractice and drugs that are harmful, and environmental exposure. A New York birth defects law firm can assist.

Medical Malpractice

If a physician fails to adhere to the accepted standard of practice in their area, it is considered medical malpractice. This could include failing to conduct routine prenatal testing, prescribing medication that increases the risk of a birth defect or making a mistake during the birth and delivery.

Birth defects and birth injury can be caused by environmental and genetic factors but they can also be caused by a doctor's negligence. If a doctor fails detect congenital disabilities in utero, and then fails not to inform parents, the parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all costs for their child's disabilities.

A successful medical malpractice claim in birth defect cases demands that the doctor has a responsibility to the patient of care, birth defects that the doctor did not fulfill this duty, that the doctor's actions or failure to act caused injuries and damages and that the victim suffered economic and non-economic damage as a result of his or her injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect in the United States. These defects can vary in severity and affect manner in which a child looks and behaves throughout life. Some are minor while others can cause serious problems and even be fatal.

Birth problems can be caused by genetic defects or a range of chemcial and environmental causes. For example exposure to toxic chemicals could cause serious problems for a newborn. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

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

While working, mothers are exposed a variety of toxic chemicals. These chemicals can be breathed in or inhaled through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. Parents can also be exposed poisons when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of various chemical compounds and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. This includes fungicides, pesticides and lead, as well as heavy metals, certain paints and other chemical substances. Exposure to these toxins is almost always inevitable. However, if companies fail to protect pregnant employees, they're negligent and could be held responsible.

Researchers have yet to pinpoint the specific cause of a birth defect lawsuit defect. It is possible that an interaction between a variety of factors could cause the problem, but the issue 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 a representative population and follow them throughout their lives as well as their children. This study will provide comprehensive data on how environmental factors affect fetal and childhood health.

Many parents suffering from a child's birth defect are resentful that they have contributed to the condition, but it's usually the case that these kinds of problems are unavoidable. Our birth defect lawyers are aware of this and are committed to helping families who have children with birth defects.

Product Liability

Birth problems are caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be cured. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to get compensation in an action for birth defects.

A New York birth defect attorney can help you determine if your child's illness is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical bills associated with your child's condition depending on the severity.

While the vast majority of birth defects are not caused by medical negligence, there are some instances where a doctor or healthcare worker is negligent prior to or during labor and delivery. A doctor may prescribe a medication incorrectly that harms a baby even before the birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in cases where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child being born with birth defect. We have also filed birth defect lawsuits against companies that expose workers to dangerous chemicals on the job like a paint factory or semiconductor manufacturing companies.