Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not possible. If this happens, it's essential that parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Birth problems and injuries can be caused by medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her field. This could include failing to perform prenatal testing, prescribing medications that increase the likelihood of birth defects or committing an error during labor or delivery.

Birth defects and birth injury can be caused by environmental and genetic factors but they can also be the result of an error by a doctor. If a doctor fails detect congenital defects in utero and fails to notify parents of the condition, birth defect law firm parents might be able to file a claim for compensation due to a birth defect for all expenses related to their child's disability.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff must demonstrate that the doctor owed a duty of care to the patient, that he failed to fulfill this duty, that his actions or inaction action directly resulted in damages and injuries and that he suffered economic and noneconomic damages from the injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Some birth injuries and defects are preventable with timely testing and monitoring during pregnancy. It's vital for birth defect law firm pregnant women follow their doctors' advice regarding prenatal visits. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects are of various degrees and affect the way that a child acts, looks and performs. Some are minor while others can cause serious issues that could be fatal.

The reasons for a child's birth defects can stem from genetic defects or a variety of chemical and environmental factors. For example exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn children to harmful substances or drugs.

In the scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta to affect the unborn child. These toxins are teratogenic. Exposure to these teratogenic chemicals may cause birth defects like cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

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

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only cause. The presence of many different chemicals and toxins in the home, at work and in food can increase the risk of developing birth defects. This includes fungicides and pesticides lead, heavy metals, some paints and other chemical substances. Exposure to toxic substances is almost always inevitable. However, when employers do not take precautions to protect pregnant employees they are negligent and could be held responsible.

Researchers are still unable determine exactly what causes a specific birth defect. It could be that a combination of factors can trigger the condition. The next step is to evaluate these interactions in real-time. The National Children's Study is important because it is currently underway in several states. The NCS will enroll 100,000 women from representative population and monitor them over time, as well as their children. This study will provide complete information on the effects of environmental factors on the health of children and fetuses.

Many parents who have a birth defect in their child feel guilt and believe that they caused it. However, these birth defects are not always preventable. Our birth defect lawyers know this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of factors 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 issue that could have been avoided it is possible to claim damages in an action for birth defects.

A New York birth defect lawyer can assist you determine if your child's condition is the result of an exposure to chemicals, medication or another environmental trigger that could be eligible for compensation. Your legal team will calculate the total cost of medical bills related to your child's condition in relation to the severity.

Although the vast majority of birth injuries are not the result of medical negligence there are instances in which a doctor was negligent prior to or during labor and delivery. A doctor might prescribe a medication that harms a baby even before birth, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted cases where a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the chances that she would give birth to a baby with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to harmful chemicals when they work.