Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not possible. When this happens, it's essential that parents who are stunned seek out the help of experienced birth defects lawyers.

Birth defects 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 provide answers.

Medical Malpractice

If a doctor does not adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. It could be a failure to perform routine prenatal testing, prescribing medication that increases the likelihood of a birth defect or committing a lapse during labor and delivery.

Birth defects and birth injuries can be caused by genetic and environmental causes, but occasionally they occur due to a doctor's negligence or malpractice. For example in the event that a physician fails to detect an inborn disability and fails to notify parents of the condition, parents may bring a wrongful birth claim seeking compensation for the lifelong costs associated with 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 doctor violated this duty, the doctor's actions, or failure to act caused injuries and damages, and that the victim was harmed economically and non-economically as a result of the injuries. These damages could include medical bills and lost wages, as well as emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with some form of birth defect in the United States. These defects can be of varying severity and affect the way that children behave, look and functions. Some are minor, but others can cause serious issues and even lead to death.

Birth problems can be caused by genetic anomalies or a range of environmental and chemcial factors. Exposure to harmful chemicals, for example, can cause serious complications in a newborn. Our firm is committed in bringing employers to account when they expose pregnant women or their unborn children to harmful drugs or substances.

It is well-established in scientific research that certain toxins as well as chemicals can enter the placenta and harm the unborn baby. These toxins are teratogenic. These teratogenic chemicals may cause birth defects, such as cleft lips, palates and spina bifida.

While working, mothers are exposed a variety of harmful chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) employed in the production of semiconductors. These contaminants can also be ingested by parents when they consume certain over-the counter and prescription drugs. This is because a lot of 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 is also a major factor. Numerous different chemicals and toxins found in the home workplace, food and work environment can increase the chance of having a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and birth defect lawsuit they could be held accountable.

Researchers are unable to identify the exact cause of the birth defect in a specific way. It could be that a combination of factors can trigger the condition. The next step is to study the effects of these factors in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from representative population and track them throughout their lives as well as their children. This study will provide the most complete data available on how many environmental factors affect fetal and child health.

Many parents who have a birth defect in their child are resentful because they believe they contributed to it. However, these issues are often unavoidable. Our birth defect attorneys are aware of this and are committed to helping families with children with birth defects.

Product Liability

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

A New York birth defect attorney will be able help you determine if your child's illness is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills for your child's condition in relation to the severity.

While the majority of these cases are not the result of medical negligence, there have been cases where a doctor was negligent during or before labor and birth defect law firms. A doctor may prescribe a medication that can harm a baby before birth, or may make an error in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child developing a birth defect. We have also filed birth defect lawsuits against companies that expose workers to harmful substances while working in a paint factory or semiconductor manufacturing company.