Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not possible. When this happens, it's crucial that parents who are stunned seek the help of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in his or her area, it is considered medical malpractice. This could be due to failing to conduct prenatal testing or prescribing medications which increase the chance of birth defects or making a mistake during labor and delivery.

Birth birth defects and birth injuries are often caused by genetic and environmental causes, however sometimes they are caused by an error or negligence of a physician. For instance when a doctor does not recognize the presence of a congenital defect in utero and then fails to notify the parents of this condition, parents may bring a wrongful birth claim seeking compensation for all the lifetime expenses associated with the handicapped child.

In order to win a medical malpractice lawsuit in birth defect cases the plaintiff must show that the doctor owed a breach of duty to the patient, that he failed to fulfill the duty, that his actions or inaction action directly led to damages and injuries and that the plaintiff was a victim of economic and non-economic damages as a result of the injuries. These damages could include medical expenses or lost wages, as well emotional distress.

Some birth problems and injuries can be avoided with timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to adhere to their doctor's recommendations regarding prenatal appointments. If you suspect that medical negligence caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect in the United States. These birth defects are of various degrees and impact the way children behave, look and functions. Some are minor while others can cause serious problems and even be fatal.

Birth birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental factors. Exposure to toxic chemicals, for instance, can cause serious complications in the infant. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful substances or medications.

It is well-established in scientific research that certain toxins and chemicals can pass through the placenta, affecting the unborn baby. These chemicals are referred to as teratogenic. Teratogenic chemicals can cause birth defects like the cleft palate, lips and spina bifida.

While they are working, mothers are exposed of harmful chemicals. These chemicals can be consumed or inhaled through the body's skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These toxins can also be ingested by parents when they take certain over-the counter and prescription drugs. Many medications have not been adequately tested on pregnant women 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 reason. Many different chemicals and toxins that are present in the home or workplace can increase the risk of having a birth defect. These include pesticides, fungicides lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable to pinpoint exactly what causes a specific birth defect. It could be that an interaction between several factors can cause the condition, but the challenge is assessing these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enrol 100 women from the representative population and monitor them and their children over the course of time. This study will provide the most complete information to date on how many environmental factors impact fetal as well as child health.

Many parents suffering from a child's birth defect feel guilty that they may have contributed to the condition, but it is the norm that these types of defects 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

Birth problems can be caused by many factors, ranging from drug or alcohol use during pregnancy to genes. Fortunately, most of these causes can be prevented. If your child was born with a medical issue which could have been prevented in the first place, you may be able to claim damages in a birth defect lawsuit.

A New York birth defect attorney can help you determine if the condition of your child is due to a medication, chemical or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical bills for your child's condition according to the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are instances in which a doctor or healthcare worker is negligent before or during labor and birth. A doctor could incorrectly prescribe a medication that injures the baby before it is born, or make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies in which a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her having a child born with birth defect. We also have brought birth defect lawsuits against semiconductor and birth defect law firm paint factories which expose their employees to dangerous chemicals when they work.