Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's not feasible. When that becomes a reality, it is essential that parents in shock seek out the assistance of skilled birth defect lawyers.

Birth injuries and birth defects can result from medical malpractice and dangerous drugs, and birth defect environmental exposure. A New York birth defects law firm can help.

Medical Malpractice

Medical negligence occurs when a doctor does not adhere to the accepted standards of medical care in their area of expertise. This might involve failing to conduct routine prenatal testing or prescribing medications that increase the likelihood of birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injuries can be due to genetic and environmental causes, but occasionally they occur due to an error or negligence of a physician. For example, if a physician does not recognize a congenital disorder in the uterus and fails to notify the parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions, or failure to act directly caused injuries and damages and that the victim was harmed economically and non-economically due to his or her injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate testing and monitoring. If you believe that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects vary in severity and impact how a child appears and behaves throughout life. Some are minor, but others can cause serious issues and even lead to death.

The causes of birth defects could be due to genetic disorders or a variety of environmental and chemical factors. For example exposure to toxic chemicals could cause serious complications for newborns. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful substances or drugs.

In scientific literature, it has been established that certain chemicals and toxins may cross the placenta to affect the unborn child. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects, such as cleft lips and palates as well as spina Bifida and muscular dystrophy.

While working, mothers are exposed of harmful chemicals. They can be ingested or inhaled through the skin of the body. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents may be exposed to these chemicals when they consume certain prescription or over-the-counter medications. Many drugs have not been tested properly on pregnant woman and have caused birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's not the only cause. A variety of toxins and chemicals found in the home or workplace could increase the chances of a birth defect. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is usually unavoidable. However, when employers fail to safeguard pregnant employees, they are negligent and could be held responsible.

Researchers are still unable to pinpoint the specific cause of a birth defect. It could be that an interaction with multiple factors could trigger the condition, but the difficulty is assessing the interactions in real-time. The National Children's Study is important because it is in progress in a variety of states. The NCS will enroll 100,000 women from a representative population and track them throughout their lives and their children. This study will provide the most comprehensive data to date on how a variety of environmental factors impact fetal as well as child health.

Many parents who are suffering from a child's birth defect are resentful that they have contributed to the condition, but it is often the case that these kinds of issues are inevitable. Our birth defect lawyers recognize this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Birth problems can be caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, most of these causes are preventable. If your child was diagnosed with a medical condition that could have been avoided, you may be able to get compensation in a lawsuit involving birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's condition is the result of chemical exposure, a medication or other environmental trigger which is eligible for compensation. Your legal team can calculate the total cost of medical bills related to your child's condition in relation to the severity.

While the majority of cases are not caused due to medical negligence however, there have been instances in which a doctor was negligent prior to or during labor and birth. A doctor might prescribe a medication that could harm a baby, even before birth, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies where a mother's health care 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 filed birth defect lawsuits against semiconductor and paint factories which expose their employees to harmful chemicals when they work.