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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 the assistance of a seasoned birth defects lawyers.

Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their area, it is deemed medical malpractice. This could mean not performing prenatal tests or prescribing drugs that increase the risk of birth defects or committing an error during labor and birth.

Birth defects and birth injuries can be caused by genetic and environmental factors, however, they could also be caused by a doctor's negligence. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to inform parents of the condition, parents might be eligible to file a claim for compensation due to a birth defect for all the expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty of care, that the physician breached this duty, that the doctor's actions or failure to act directly caused injuries and damages and that the victim was harmed economically and non-economically as a result of the injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth injuries and defects can be prevented through timely testing and monitoring during pregnancy. Therefore, it's important for pregnant women to adhere to their doctor's recommendations regarding prenatal visits. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with a type of birth defect in the United States. These defects can be of various severity and impact the way a child acts, looks and performs. Some are minor while others can cause serious problems and may even cause death.

Birth problems can be caused by genetic abnormalities or a variety of chemcial and environmental factors. For example, exposure to toxic chemicals can cause serious complications for a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn children to harmful substances or medications.

It is well-established in the scientific research that certain toxins as well as chemicals can cross the placenta to affect the unborn baby. These toxins are teratogenic. These teratogenic chemicals may cause birth defects such as lips, palates, and clefts as well as spina Bifida.

Many mothers are exposed an array of toxic chemicals when they are at work. They can be ingested or inhaled through the body's skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) that are used in the manufacturing of semiconductors. Parents may be exposed to these chemicals when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, environmental exposure can also play a role. Numerous different chemicals and toxins that are present in the home, workplace and food could increase the chances of having a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is often inevitable. However, if companies do not take precautions to protect pregnant employees, they're negligent and could be held accountable.

Researchers are still trying to determine the exact cause of a birth defect. It is possible that a combination of factors can cause the condition. The trick is to study these interactions in real time. The National Children's Study is important because it is now underway in a number of states. The NCS will enrol 100 women from the representative population and will follow them and their children over the course of time. This study will provide the most comprehensive data on how environmental factors impact fetal and childhood health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the condition, but it is the norm that these types of defects are inevitable. Our birth defect lawyers are aware of this and are committed to helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. However, many of these causes are preventable. If your child was born with a medical condition that could have been prevented, you may be entitled to claim damages in a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if the condition of your child is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical bills associated with 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 in which a doctor was negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medication that harms the baby before it's born, or make an error during surgery.

Our birth defect lawyers have successfully defended cases against drug companies where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her having a child born with birth defects. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to dangerous chemicals in the workplace.