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Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not possible. When that happens it is vital for parents to seek out the assistance of skilled birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice and dangerous drugs as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could be due to failing to perform prenatal testing, prescribing medications that increase the likelihood of birth defects, or making an error during labor and birth.

Birth defects and birth injury can be caused by genetic and environmental factors, but they can also be caused by an error by a doctor. For instance, if a physician does not recognize a congenital disability in utero and fails to notify parents of the impairment, parents can bring a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.

In order to prevail in a medical malpractice claim in birth defect cases, the plaintiff must prove that the doctor owed a breach of duty to the patient, and that he did not fulfill this duty, that his actions or lack of action directly caused injuries and damages and that he or she was a victim of economic and non-economic damages due to the injuries. These damages could include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' recommendations about prenatal visits. If you believe that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of various severity and affect the way that the child behaves, looks and functions. Some are minor, while others can cause serious problems and even be fatal.

The causes of a child's birth defects can be attributed to genetic defects or a variety of environmental and chemical factors. Exposure to harmful chemicals, for instance causes serious complications in the infant. Our firm is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

In the scientific literature, it is established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn child. These chemicals are teratogenic. The exposure to these teratogenic chemicals can cause birth defects like Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed a variety of toxic chemicals. They can be ingested, inhaled or absorbed into the body's skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) which are used in the manufacturing of semiconductors. Parents may be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. Many drugs have not been tested properly on pregnant woman and may cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's far from the only one. Numerous different chemicals and toxins that are present in the home workplace, food and work environment can increase the chance of having a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant employees, they are negligent and could be held responsible.

Researchers are still trying to find the precise cause of a birth defect. It is possible that a combination between several factors can cause the problem, but the issue is evaluating the interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from diverse populations as well as follow them and their children for the long run. This study will provide comprehensive information about how environmental factors affect fetal and childhood health.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the disorder, but it's usually the case that these types of defects are not a choice. Our birth defect attorneys understand this and are dedicated in helping families who have children with birth defects.

Product Liability

Birth defects can be caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genetic. However, many of these causes can be avoided. If your child was born with a medical condition that could have been avoided in the first place, you may be able to compensation through an action for birth defects.

A New York birth defect attorney can help you determine if your child's illness is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses for your child's condition depending on the severity.

Although the majority of birth defects aren't caused by medical negligence, there are some instances where a doctor or healthcare worker was negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication that injures a baby before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted cases against drug companies in which 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 brought birth defect lawsuits against companies that expose their workers to dangerous substances on the job, such as a paint factory or semiconductor manufacturing companies.