Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not possible. When this happens, it's essential that parents who are shocked seek out the help of experienced birth defect lawyers.

Birth problems and injuries can be caused by medical negligence and dangerous drugs as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails adhere to the accepted standard of practice in his or her region, it's deemed medical malpractice. This could mean failing to conduct routine prenatal tests, prescribing medication that increases the likelihood of a birth defect or making a misstep during labor and delivery.

Birth defects and birth injuries are usually caused by environmental and genetic causes, however, they can also be caused by the negligence of a doctor. For instance, if a physician does not recognize a congenital disorder in the uterus and fails to notify parents of the condition, parents may bring a wrongful birth claim seeking compensation for all the lifetime costs associated with the disabled child.

In order to prevail in a medical malpractice claim in birth defects the plaintiff has to prove that the doctor owed a duty of care to the patient, and that he did not fulfill the duty, and that his actions or inaction action directly triggered damage and injuries, and that the plaintiff suffered economic and noneconomic damage because of the injuries. These damages may include expenses of medical bills, lost wages, pain and suffering, and emotional distress.

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

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These birth defects can be of various severity and affect the way that children behave, appear and functions. Some are minor, but others can cause serious issues that could be fatal.

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

In scientific literature, it is well-established that certain chemicals and toxins may be transmitted through the placenta, affecting the unborn child. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals may cause birth defects like Cleft lips and palates as well as spina Bifida and muscular dystrophy.

While working, mothers are exposed to a range of harmful chemicals. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the manufacture of semiconductors. Parents may also be exposed to these toxins when they are consuming certain over-the-counter and prescription drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, environmental exposure can also be a significant factor. The presence of a variety of chemicals and toxins at the workplace, at home and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when companies fail to protect pregnant employees they're negligent and may be held responsible.

Researchers are still unable to identify the exact cause of the specific birth defect. It is possible that a combination between several factors can cause the condition, but the challenge is evaluating the interactions in real-time. The National Children's Study is important because it is now underway across several states. The NCS will enroll 100,000 women from diverse populations and follow them and their children over the long run. This study will provide the most complete data to date on how a variety of environmental factors impact fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it is the norm that these types of defects are not a choice. Our birth defect lawyers recognize this and are committed to helping families seek justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue which could have been prevented or prevented, you could be entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if the condition of your child is caused by a medication, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's health condition, your legal team will also be able to calculate the total cost of medical bills qualified for compensation.

While the majority of these cases are not the result of medical negligence there are instances where a doctor has been negligent during or before labor and delivery. A doctor could prescribe a medication in a way that could harm a baby, even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers when a mother's medical healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her having a child born with a birth defect. We also have brought birth defect lawsuits against companies that expose workers to harmful substances in the workplace like a paint factory or semiconductor manufacturing companies.