Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's not always possible. When that happens it is vital that parents in shock seek out the assistance of skilled birth defect lawyers.

Birth problems and injuries can be caused by medical negligence and drugs that are harmful, and environmental exposure. A New York birth defect law firm can provide answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in his or her area, it is deemed medical malpractice. It could be a failure to conduct routine prenatal tests, prescribing medication that increases the risk of a birth defect or committing a lapse during labor and birth.

Birth birth defects and birth injuries are usually due to genetic and environmental causes, however sometimes they occur due to an error or negligence of a physician. For example when a doctor does not recognize the presence of a congenital defect in utero and then fails to notify parents of the disability, the parents can make a claim for wrongful birth seeking compensation for the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the doctor owed the patient a duty of care, that the doctor violated that duty, the doctor's negligence or failure to act directly led to injuries and damages, and that the victim was harmed economically and non-economically due to the injuries. These damages may include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided with timely testing and monitoring during pregnancy. Therefore, it's crucial for pregnant women to adhere to their doctor's advice about prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect in the United States. These defects may be of different severity and impact the way a child acts, looks and performs. Some are minor while others can cause serious issues that could be fatal.

Birth birth defects can be caused by genetic anomalies or a range of chemcial and environmental factors. For instance exposure to toxic chemicals can cause serious health issues for newborns. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn children to harmful substances or medications.

In the scientific literature, it is established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defect lawsuit defects, such as lips, palates, and clefts as well as spina Bifida.

While they are working, many mothers are exposed to a variety of toxic chemicals. They can be ingested, inhaled or absorbed into the body's skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the production of semiconductors. Parents may also be exposed to these chemicals when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure can also be a significant factor. Many different chemicals and toxins that are found in the home or workplace can increase the risk of a birth defect. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and other chemical compounds. Exposure to toxic substances is almost always inevitable. However, when companies fail to safeguard pregnant employees, they are negligent and can be held responsible.

Researchers are still trying to determine the specific cause of a birth defect. It is possible that an interaction between several factors can cause the condition, but the difficulty is evaluating 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 enroll 100,000 women from a representative population and follow their progress over time and also their children. This study will provide most comprehensive data on the effects of environmental factors on the health of children and fetuses.

Many parents who suffer from a birth defect in their child are resentful believing that they are responsible for it. However, these issues are not always preventable. Our birth defect lawyers are aware of this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes are preventable. If your child was born with a medical condition that could have been avoided and you are entitled to claim damages in a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine whether your child's illness was caused by an exposure to chemicals, medication or other environmental trigger that is eligible for compensation. Depending on the degree of your child's illness your legal team will be able to estimate the total cost of medical bills eligible for compensation.

While the vast majority of birth defects are not caused due to medical negligence, there are some instances where a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor may prescribe a medicine that hurts the baby before it's born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her child being born with a birth defect. We have also filed birth defect lawsuits against companies that expose employees to harmful substances on the job in a paint factory or semiconductor manufacturing companies.