Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's impossible. If that happens it is crucial that stunned parents seek the help of seasoned birth defect lawyers.

Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide 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 mean failing to perform routine prenatal testing and prescribing a medication that increases the likelihood of birth defect or making a mistake during labor and birth.

Birth defects and birth injuries can be due to genetic and environmental causes, but sometimes they are caused by the negligence or malpractice of a doctor. For instance when a doctor does not recognize a congenital disorder in the uterus and fails to notify parents of the disability, the parents can file a wrongful birth claim seeking compensation for all the lifetime expenses associated with the handicapped child.

To prevail in a medical malpractice claim in birth defects the plaintiff has to prove that the doctor owed a breach of care to the patient, and that he did not fulfill the duty, that his actions or inaction action directly led to damage and injuries, and that the plaintiff suffered economic and noneconomic damage from the injuries. These damages could include the costs of medical bills lost wages as well as pain and suffering and emotional distress.

Certain birth defects and injuries are preventable by prompt testing and monitoring during pregnancy. Therefore, it's crucial for pregnant women to follow their doctors' recommendations regarding their prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects can be of varying severity and affect the way that a child acts, looks and performs. Some are minor, whereas others can cause serious issues and can even be fatal.

Birth birth defects can be caused by genetic disorders or a variety of chemcial and environmental causes. For example, exposure to toxic chemicals could cause serious health issues for newborns. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or drugs.

It is well-established in the scientific research that certain toxins as well as chemicals can enter the placenta and affect an unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals could cause birth defects such as the cleft palate and lips, spina bifida and muscular dystrophy.

While working, many mothers are exposed of toxic chemicals. These chemicals can be ingested or inhaled through the body's skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) that are used in the manufacturing of semiconductors. Parents may also be exposed toxic substances when they consume certain prescription or over-the-counter medications. Many medications have not been thoroughly tested on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also play a role. The presence of various chemicals and toxins at the workplace, at home and in food items can increase the risk of birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and other chemical substances. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that a variety of factors may cause the condition. The challenge is to analyze the effects of these factors in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enroll 100,000 women from a representative population and monitor their progress over time and their children. This study will provide the most complete data available on how different 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's often the case that these kinds of issues are inevitable. Our birth defect lawyers understand this and are dedicated to helping families seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue that could have been avoided, you may be entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine whether your child's illness is caused by an exposure to chemicals, medication or another environmental trigger that is eligible for compensation. Depending on the severity of your child's condition your legal counsel will be able to estimate the full cost of the associated medical bills that are admissible for compensation.

While the majority of cases are not caused due to medical negligence, there have been cases in which a doctor was negligent during or before labor and delivery. A doctor may prescribe a medication in a way that causes harm to a baby even before the birth defect attorneys, or make an error in surgery.

Our birth defect lawyers have successfully defended lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child with birth defects. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to toxic chemicals while during their work.