Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not feasible. If that happens it is vital that parents who are in shock seek out the assistance of skilled birth defect lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

When a doctor fails adhere to the accepted standard of practice in their area, it is deemed medical malpractice. This could include failing to perform prenatal testing, prescribing medications which increase the chance of birth defects or committing an error during labor and birth.

Birth birth defects and birth injuries are usually due to genetic and environmental causes, however sometimes they are the result of an error or negligence of a physician. For example, if a physician is unable to identify a congenital disability in utero and fails to inform parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician was obligated to the patient to perform a duty of care, that the physician did not fulfill this duty, that the doctor's actions or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic damages due to his or her injuries. These damages might include the cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects can be prevented by timely testing and monitoring during pregnancy. Therefore, it's important for pregnant women to follow their doctors' advice regarding prenatal appointments. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can vary in severity and affect the manner in which a child looks, behaves and performs in life. Some are minor and others can cause serious problems that may be fatal.

The causes of birth defects can be attributed to genetic anomalies or a wide variety of environmental and chemical factors. Exposure to toxic chemicals, for instance can trigger serious complications in the newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or drugs.

It is well-established in scientific research that certain toxins and chemicals can cross the placenta and harm the unborn baby. These chemicals are teratogenic. The exposure to these chemicals can cause birth defects like cleft lips and palates, spina bifida and muscular dystrophy.

While working, mothers are exposed a variety of harmful chemicals. They can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) that are used in the production of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals are not properly tested on pregnant women and have been proven 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. The presence of a variety of chemicals and toxins at the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It could be that an interaction with multiple factors could trigger the condition, but the difficulty is assessing the 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 population and monitor their progress over time, as well as their children. This study will provide comprehensive data on the effects of environmental factors on fetal and childhood health.

Many parents who suffer from a birth defect in their child feel guilty and believe that they were responsible for the defect. However, these birth defects are usually inevitable. Our birth defect lawyers recognize this and are committed to families who seek justice for children who suffer from 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, 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 an action for birth defects.

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

Although the majority of birth defects are not caused due to medical negligence, there are instances where a doctor or healthcare worker has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medication that harms the baby before it's born, or make a mistake during surgery.

Our birth defect lawyers have successfully pursued cases against drug companies where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child born with birth defects. We also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals on the job, such as a paint factory or semiconductor manufacturing company.