Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes that's not feasible. If this happens, it's important that parents who are stunned seek the assistance of a seasoned birth defects lawyers.

Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in his or her region, it's deemed medical malpractice. This may include failing to perform prenatal screening, prescribing medications that increase the risk of birth defects or making a mistake during labor or delivery.

Birth birth defects and birth injuries are usually caused by genetic and environmental causes, but occasionally they are caused by medical negligence or malpractice. If a doctor fails detect congenital defects in utero and fails to notify parents, the parents may be legally able to file a case for wrongful birth seeking compensation for all the costs related to their child's disability.

In order to win a medical malpractice claim in birth defects the plaintiff must show that the doctor owed a duty of care to the patient, that he failed to fulfill the duty, that his actions or lack of action directly caused damages and injuries, and that he suffered economic and noneconomic damages from the injuries. These damages could include medical bills, lost wages and emotional stress.

Some birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy, so it's vital for pregnant women adhere to their doctor's recommendations about prenatal visits. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth defect law firms injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each 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 while others can cause serious issues that could be fatal.

The causes of a child's birth defects can stem from genetic abnormalities or a range of environmental and chemical factors. For instance exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or drugs.

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

Many mothers are exposed various toxic chemicals when they are working. These chemicals can be ingested or inhaled, or absorbed by the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE), which are used in the manufacturing of semiconductors. Parents may be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, environmental exposure is also a major factor. Many different toxins and chemicals that are present in the home workplace, food and work environment could increase the chances of a birth defect. These include fungicides, pesticides, lead, heavy metals, certain paints, and many other chemical compounds. Exposure to these toxins is usually unavoidable. However, if companies fail to protect pregnant workers, they are negligent and could be held responsible.

Researchers are still unable pin down exactly what causes the birth defect in a specific way. It is possible that an interaction between a variety of factors could cause the condition, but the difficulty is evaluating these interactions in real time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from a representative population and track them over time, as well as their children. This study will provide the most complete information to date on how many environmental factors impact fetal and child health.

Many parents who have a birth defect in their child feel guilt, believing that they are responsible for it. However, these birth defects are usually inevitable. Our birth defect lawyers understand this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, a lot of these issues can be prevented. If your child was born with a medical condition that could have been avoided in the first place, you may be able to recover damages through an action for birth defects.

A New York birth defect attorney will be able to help you determine if your child's condition is due to a medication, chemical or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical bills associated with your child's condition according to the severity.

While the vast majority of birth defects are not caused by medical negligence, there are some instances where a doctor or healthcare worker has been negligent prior to or during labor and birth. A doctor could prescribe a medication that can harm a baby before the birth, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers when a mother's medical care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her child developing birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers who expose their workers to harmful chemicals during their work.