Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's impossible. If this happens, it's vital that parents who are shocked seek out 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 assist you in getting answers.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in their field, it's considered medical malpractice. It could be a failure to conduct routine prenatal tests, prescribing medication that increases the likelihood of birth defect or making a mistake during the labor and delivery.

Birth defects and birth injuries are often caused by genetic and environmental factors, however, they can also be the result of a doctor's negligence. For example, if a physician does not recognize a congenital disorder in the uterus and fails to notify the parents of this impairment, parents can pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses associated with the disabled child.

To win a medical malpractice case in birth defects the plaintiff must show that the doctor was in breach of a duty of care to the patient, and that he violated that duty, that his actions or inaction action directly triggered damage and injuries, and birth defect that he suffered economic and noneconomic damage as a result of the injuries. These damages could include medical bills, lost wages and emotional stress.

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

Toxic Chemicals

Every year, thousands of children are born with some form of birth defect in the United States. These defects can vary in severity and affect way a child looks, behaves and performs in life. Some are minor, while others can cause serious issues and may even cause death.

Birth defects can be caused by genetic disorders or a variety of chemcial and environmental factors. Exposure to harmful chemicals, for instance causes serious complications in babies. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or drugs.

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

While working, mothers are exposed to a variety of harmful chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors can also play a role. The presence of a variety of chemicals and toxins in the workplace, at home and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is often inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the specific cause of a birth defect. It could be that a combination of factors can trigger the condition. The trick is to assess 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 enrol 100,000 women from diverse populations and will follow them and their children for the long-term. This study will provide the most complete data to date about how a variety of environmental factors impact fetal as well as 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 know this and are committed to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided, you may be able to claim damages in lawsuits for birth defects.

A New York birth defect attorney will be able to help you determine if your child's problem is due to an illness, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical expenses that are related to your child's illness in relation to the severity.

Although the majority of birth defects are not caused by medical negligence, there are occasions when a healthcare worker was negligent before or during labor and delivery. A doctor could prescribe a medication in a way that could harm a baby, even before birth defect lawsuit, or may make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chance that she will give birth to a child with birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers hazardous substances at work.