Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's impossible. If this happens, it is essential that parents in shock seek the help of experienced birth defect lawyers.

Birth problems and injuries can result from medical malpractice or drugs that pose a risk and exposure to environmental factors. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This may include failing to conduct prenatal testing and prescribing medicines which increase the chance of birth defects, or making an error during labor and birth.

Birth birth defects and birth injuries can be due to genetic and environmental causes, but occasionally they occur due to the negligence or malpractice of a doctor. For example when a doctor is unable to identify the presence of a congenital defect in utero and fails to inform parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's actions, or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic losses as a result of his or her injuries. These damages could include medical bills as well as lost wages and emotional distress.

Some birth defects and injuries are preventable through timely testing and monitoring during pregnancy. It's essential for pregnant women to follow their doctors' advice about prenatal visits. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These birth defects can be of various severity and impact the way the child behaves, looks and performs. Some are minor, whereas others can cause serious problems and even lead to death.

Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental factors. For example exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

It is well-established in the scientific research that certain toxins as well as chemicals can enter the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. Teratogenic chemicals can cause birth defect law firm defects such as lips, palates, and clefts as well as spina bifida.

While they are working, mothers are exposed to a variety of harmful chemicals. They can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the manufacturing of semiconductors. These toxic substances can also be consumed by parents when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. A variety of toxins and chemicals that are found in the home workplace, food and work environment could increase the chances of a birth defect. These include pesticides, fungicides and lead, as well as heavy metals, some paints and other chemical substances. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable pin down exactly what causes the specific birth defect. It could be that a combination of factors can trigger the condition. The problem is to study these interactions in real time. The National Children's Study is important since it is currently in process across several states. The NCS will enroll 100 women from the representative population and monitor them and their children over the long run. This study will provide the most comprehensive data available on how various environmental factors impact fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the condition, but it's usually the case that these kinds of problems are inevitable. Our birth defect attorneys understand this and are dedicated in helping families who have children with birth defects.

Product Liability

Birth problems can be caused by a variety factors, ranging from drug or alcohol consumption during pregnancy to genetic. Fortunately, many of these issues can be prevented. If your child was born with a medical condition that could have been prevented and you are entitled to compensation through an action for birth defects.

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

While the vast majority of birth defects are not caused due to medical negligence, there are cases in which a doctor or healthcare worker is negligent before or during labor and birth defect law firm birth. A doctor could prescribe a medicine incorrectly, which can harm a baby before birth, or make an error in surgery.

Our birth defect attorneys have successfully pursued claims in which a mother’s health medical professional was exposed to toxic chemicals or prescription drugs which increased the chances that she will give birth to a child suffering from birth defects. We have also brought birth defect lawsuits against companies that expose their workers to hazardous substances on the job for example, a paint factory or semiconductor manufacturing company.