Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's not always possible. When this happens, it's important parents who are shocked seek out the help of experienced birth defects lawyers.

Birth defects and injuries can result from medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defects law firm can assist.

Medical Malpractice

Medical negligence occurs when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This could include failing to conduct routine prenatal tests or prescribing medications that increase the likelihood of birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injuries are usually the result of genetic and environmental factors, however, they can also be caused by the negligence of a physician. For instance when a doctor is unable to identify an inborn disability and fails to notify parents of the impairment, parents can make a claim for wrongful birth seeking compensation for the ongoing expenses associated with the disabled child.

In order to prevail in a medical malpractice lawsuit in birth defects the plaintiff has to prove that the doctor was bound by a duty of care to the patient, and that he violated that duty, that his actions or lack of action directly resulted in damage and injuries, and that he suffered economic and noneconomic damage due to the injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects may be of different severity and impact the way children behave, appear and functions. Some are minor, but others can cause serious problems and can even be fatal.

The reasons for a child's birth defects can stem from genetic disorders or a range of chemical and environmental factors. Exposure to toxic chemicals, for instance, can cause serious complications in a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or medications.

In scientific literature, it is well-established that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn child. These toxins are called teratogenic. These teratogenic chemicals can cause birth defects, such as lips, palates, and clefts as well as spina bifida.

While they are working, mothers are exposed to a range of toxic chemicals. These chemicals can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents when they consume certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs 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 frequent causes of birth defects, environmental exposure is also a major cause. The presence of many different chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still unable identify the exact cause of a particular birth defect. It is possible that a variety of factors may cause the condition. The problem is to assess the interactions in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enrol 100,000 women from diverse populations and follow them and their children over the long term. This study will provide the most comprehensive data to date on how various environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt because they believe they contributed to it. However, these defects are often unavoidable. Our birth defect attorneys understand this and are committed to helping families with children who have birth defects.

Product Liability

Birth problems can be caused by many factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to get compensation in a lawsuit involving birth defects.

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

Although the vast majority are not due to medical negligence however, there have been instances where a doctor was negligent during or prior to labor and delivery. A doctor may prescribe a medication which harms the baby before it's born, or they may commit a mistake during surgery.

Our birth defect attorneys have successfully litigated claims where a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chances that she could give birth to a baby with birth defects. We also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals while working in a paint factory or semiconductor manufacturing companies.