Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's not feasible. If that happens, it is essential that parents in shock seek the help of experienced birth defect lawyers.

birth defect lawsuit injuries and birth defects could be caused by medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of care in his or her area of expertise. It could be a failure to perform routine prenatal testing and prescribing a medication that increases the chance of having a birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries are often caused by genetic and environmental causes, however sometimes they are the result of an error or negligence of a physician. For instance, if a physician fails to recognize an inborn disability and fails to notify parents of this disability, birth defect law firm the parents may file a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

In order to win a medical malpractice lawsuit in birth defects the plaintiff must show that the doctor owed a breach of duty to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly triggered damage and injuries, and that he suffered economic and noneconomic damages as a result of the injuries. These damages may include expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth problems and injuries can be avoided through timely testing and monitoring during pregnancy, so it's important for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you believe that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects can be of varying severity and impact the way children behave, appear and functions. Some are minor, but others can lead to serious issues that could be fatal.

The causes of birth defects may be due to genetic defects or a range of chemical and environmental factors. Exposure to toxic chemicals, for example could cause serious problems in babies. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.

In the scientific literature, it is well-established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects like the cleft palate, lips and spina bifida.

Many mothers are exposed many toxic chemicals while they are at work. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE), which are used in the manufacture of semiconductors. Parents may be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's far from the only one. The presence of many different chemicals and toxins at the home, at work and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost 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 to determine exactly what causes the birth defect in a specific way. It is possible that a combination of factors could cause the condition. The trick is to evaluate 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 women from the representative population as well as follow them and their children over the long-term. This study will provide the most comprehensive data available on how different environmental factors impact fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the condition, but it is the norm that these kinds of problems are not a choice. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. However, many of these issues can be prevented. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to claim damages through an action for birth defects.

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. Depending on the severity of your child's condition your legal team will be able to estimate the total cost of associated medical expenses that are eligible for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are instances when a healthcare professional has been negligent before or birth defect law firm during labor and delivery. A physician may incorrectly prescribe a medication that harms the baby before it's born, or they may make an error during surgery.

Our birth defect lawyers have successfully pursued claims where a mother's health care provider was exposed to toxic chemicals or prescription drugs which increased the chances that she will give birth to a baby with birth defects. We also brought birth defect lawsuits against companies who expose workers to dangerous substances while working, such as a paint factory or semiconductor manufacturing company.