Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes that's impossible. If this happens it is imperative for parents to seek the assistance of experienced birth defect lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

If a doctor does not adhere to the accepted standards of practice in their area, it is considered medical malpractice. This could mean failing to perform prenatal screening and prescribing medicines 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, however, they could also be a result of a doctor's negligence. For instance, if a physician is unable to identify an inborn disability and fails to notify parents of the disability, the parents can bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician had a duty to the patient of care, that the doctor violated that duty, the doctor's actions or inability to act caused injuries and damages, and that the victim was harmed economically and non-economically due to the injuries. These damages could include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects are preventable by prompt testing and monitoring during pregnancy, which is why it's crucial for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects may be of different severity and affect the way that children behave, look and functions. Some are minor, while others can lead to serious problems that may be fatal.

The causes of a child's birth defect lawsuit defects may be due to genetic anomalies or a wide range of environmental and chemical factors. Exposure to harmful chemicals, for example, can cause serious complications in the newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.

It is well-established in scientific research that certain toxins and chemicals can enter the placenta to affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals may cause birth defects like the cleft palate, lips and spina Bifida.

While working, birth defect lawsuits mothers are exposed to a variety of toxic chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the production of semiconductors. Parents can also be exposed to these poisons when they consume certain prescription and over-the-counter drugs. Many pharmaceuticals have not been tested properly 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 far from the only one. Many different toxins and chemicals found in our homes, workplace and food can increase the chance of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and 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 pin down exactly what causes the specific birth defect. It could be that an interaction between a variety of factors could cause the problem, but the issue is evaluating these interactions in real-time. The National Children's Study is important because it is now underway in a variety of states. The NCS will enroll 100,000 women from representative populations and will follow them throughout their lives and their children. This study will provide the most complete information on how environmental factors impact the health of children and fetuses.

Many parents who have a birth defect in their child are resentful, believing that they are responsible for it. However, these issues are usually inevitable. Our birth defect lawyers are aware of this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes are preventable. If your child was diagnosed with a medical condition which could have been avoided, you may be able to seek compensation through a lawsuit involving birth defects.

A New York birth defect attorney can help you determine if your child's problem is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical bills associated with your child's condition in relation to the severity.

Although the vast majority of birth injuries are not due to medical negligence there are instances where a doctor was negligent prior to or during labor and birth. A doctor might prescribe a medicine incorrectly, which can harm a baby before birth, or may make an error in surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child developing birth defect. We also have brought birth defect lawsuits, watch this video, against semiconductor and paint factories that expose their workers harmful chemicals at work.