Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's impossible. When this happens, it's vital parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Birth injuries and birth defects could be caused by medical malpractice, drugs that are dangerous or exposure to environmental toxins. A New York birth defect law firm can provide answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This may include failing to perform prenatal screening, prescribing medications that increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injury can be caused by environmental and genetic factors but they can also be the result of a doctor's negligence. For example, if a physician fails to recognize a congenital disability in utero and fails to notify the parents of this impairment, parents can file a wrongful birth claim seeking compensation for the ongoing expenses incurred by the disabled child.

In order to prevail in a medical malpractice claim in birth defect cases the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, and that he violated the duty, and that his actions or lack of action directly caused damage and injuries, and that he suffered economic and noneconomic damage from the injuries. These damages might include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical malpractice caused the birth defect lawsuit defect of your child, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with some type of birth defect in the United States. These birth defects may be of different severity and impact the way children behave, appear and functions. Some are minor birth defect law firm and others can lead to serious issues that could be fatal.

Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for example causes serious complications in the newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn children to harmful substances or medications.

In the scientific research, it is known that certain chemicals and toxins can traverse the placenta and affect the unborn child. These toxins are called teratogenic. Exposure to these chemicals can cause birth defects such as cleft lips and palates as well as spina bifida, and muscular dystrophy.

While they are working, mothers are exposed of harmful chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. These toxins can also be ingested by parents who take certain over-the counter and prescription drugs. Many pharmaceuticals have not been tested properly on pregnant woman and have caused birth defect law firm defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of numerous chemical compounds and toxins in the workplace, at home and in food items can increase the risk of birth defects. These include fungicides, pesticides lead, heavy metals, some paints and other chemical substances. Exposure to toxic substances is nearly always inevitable. But, when businesses do not take precautions to protect pregnant employees they're negligent and may be held accountable.

Researchers are still unable to pinpoint the exact cause of a birth defect. It is possible that a variety of factors can cause the condition. The trick is to analyze the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100 women from the representative population and monitor them and their children for the long-term. This study will provide the most comprehensive data to date about how a variety of environmental factors impact fetal and child health.

Many parents suffering from a birth defect in their child feel guilty for having contributed to the condition, but it's usually the case that these kinds of issues are inevitable. Our birth defect lawyers understand this and are committed to helping families with children with birth defects.

Product Liability

Many birth defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was born with a medical condition which could have been prevented in the first place, you may be able to recover damages through an action for birth defects.

A New York birth defect lawyer can assist you determine if your child's illness is caused by an exposure to chemicals, medication or another environmental trigger which is eligible for compensation. Your legal team can estimate the total cost of medical expenses associated with your child's condition depending on the severity.

Although the vast majority of birth injuries are not due to medical negligence there are instances in which a doctor was negligent during or prior to labor and delivery. A physician may incorrectly prescribe a medication that injures the baby before it's born, or make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the chances of her child developing a birth defect. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers who expose their workers to toxic chemicals while in the workplace.