Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's impossible. If this happens, it's vital that parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Birth problems and injuries can be caused by medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical negligence occurs when a doctor does not adhere to the accepted standards of medical care in their field. This could include not performing prenatal tests or prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries can be caused by environmental and genetic causes, however, they can also be the result of the negligence of a doctor. For instance when a doctor fails to recognize a congenital disorder in the uterus and fails to notify parents of the impairment, parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty to the patient of care, that the doctor breached this duty, that the doctor's negligence or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic damage as a result of his or her injuries. These damages could include costs 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. It's vital for pregnant women adhere to their doctor's advice regarding their prenatal visits. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These birth defects can vary in severity and impact way a child looks, acts and functions in life. Some are minor, but others can cause serious issues that could be fatal.

Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental causes. For instance, exposure to toxic chemicals can cause serious problems for newborns. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or medications.

It is well-established in scientific research that certain toxins as well as chemicals can enter the placenta and affect an unborn baby. These toxins are referred to as teratogenic. The exposure to these chemicals can cause birth defects, such as cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to an array of harmful chemicals when they are at work. These chemicals can be consumed, inhaled or absorbed into the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE), which are used in the production of semiconductors. These chemicals can also be consumed by parents who take certain over-the counter and prescription drugs. Many pharmaceuticals have not been tested properly on pregnant women and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, exposure to environmental factors is also a major cause. The presence of a variety of chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. These include pesticides, fungicides and lead, as well as heavy metals, some paints and other chemical compounds. Exposure to these toxic substances is often inevitable. However, when employers fail to protect pregnant workers, they are negligent and can be held responsible.

Researchers are still trying to determine the root of the birth defect. It is possible that a variety of factors may cause the condition. The next step is to analyze the effects of these factors in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enroll 100,000 women from a representative population and track their progress over time and also their children. This study will provide complete information on the effects of environmental factors on fetal and childhood health.

Many parents who suffer from a birth defect in their child feel guilt, believing that they were responsible for the defect. However, these birth defects are not always preventable. Our birth defect lawyers are aware of this and are dedicated in helping families whose children are born who have birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes can be avoided. If your child was born with a medical condition that could have been avoided, you may be entitled to claim damages in an action for birth defects.

A New York birth defect lawyer can assist you determine whether your child's condition was caused by chemical exposure, a drug or another environmental trigger 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.

Although the vast majority of birth injuries are not due to medical negligence, there have been cases where doctors have been negligent during or before labor and delivery. A doctor may prescribe a medication in a way that can harm a baby before birth, or may make an error in surgery.

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