Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that's not possible. If this happens, it's vital that parents who are shocked seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in their area, it is considered medical malpractice. This could include failing to conduct routine prenatal tests, prescribing medication that increases the likelihood of birth defect or making a misstep during labor and delivery.

Birth defects and birth injury are often caused by environmental and genetic causes, however, they can also be the result of an error by a doctor. For instance the case where a doctor is unable to identify an inborn disability and then fails to notify parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the physician breached this duty, that the doctor's negligence or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damage due to the injuries. These damages could include medical expenses and lost wages, as well as emotional stress.

Some birth defects and injuries are preventable through timely testing and monitoring during pregnancy. It's important for pregnant women to follow their doctors' advice regarding prenatal visits. If you suspect that medical malpractice caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can range in severity and affect manner in which a child looks, acts and functions in life. Some are minor, whereas others can cause serious problems and even lead to death.

Birth defects can result from genetic disorders or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for instance, can cause serious complications in a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta and harm the unborn baby. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as the cleft palate and lips, birth defects spina bifida and muscular dystrophy.

Many mothers are exposed to various toxic chemicals when they are working. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These toxins can also be ingested by parents when they take certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been properly tested on pregnant woman and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. Numerous different chemicals and toxins that are found in the home or workplace could increase the chances of having a birth defect. These include fungicides, pesticides and lead, as well as heavy metals, birth defects some paints and various chemical substances. Exposure to toxic substances is almost always inevitable. However, when employers fail to safeguard pregnant employees they're negligent and could be held responsible.

Researchers are still trying to determine the precise cause of a birth defect. It is possible that a combination between several factors can cause the condition, but the difficulty is assessing 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 a representative populations and will follow them throughout their lives and also their children. This study will provide the most complete data to date on how a variety of environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt, believing that they are responsible for it. However, these birth defects are often unavoidable. Our birth defect lawyers understand this and are committed to helping families with children with 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, a lot of these causes are preventable. If your child was born with a medical condition that could have been avoided or prevented, you could be entitled to compensation through an action for birth defects.

A New York birth defect lawyer can help you determine if your child's condition is the result of a medication, chemical exposure or other environmental factor that is a reason to seek compensation. Based on the severity of your child's health condition the legal team will be able to estimate the full cost of the associated medical bills that are suitable for compensation.

While the vast majority of birth defects are not caused by medical negligence, there are cases when a healthcare worker is negligent prior to or during labor and delivery. A doctor might prescribe a medicine incorrectly, which could harm a baby, even before birth, or make an error during surgery.

Our birth defect attorneys have successfully prosecuted allegations that a mother's health care provider was exposed toxic chemicals or prescription drugs which increased the chance that she will give birth to a child with birth defects. We have also filed birth defect lawsuits against companies that expose employees to harmful substances at work in a paint factory or semiconductor manufacturing companies.