Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that's not possible. If that happens it is imperative that parents who are in shock seek the help of seasoned 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

Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her field. This could include failing to perform prenatal screening, prescribing medications which increase the chance of birth defects or committing an error during labor or delivery.

Birth defects and birth injuries can be caused by environmental and genetic factors however, they can also be the result of the negligence of a doctor. For instance, if a physician fails to detect a congenital disorder in the uterus and fails to notify the parents of this impairment, parents can make a claim for wrongful birth seeking compensation for all the lifetime expenses associated with the disabled child.

In order to win a medical malpractice claim in birth defects the plaintiff has to prove that the doctor was bound by a duty of care to the patient, that he failed to fulfill this duty, that his actions or lack of action directly caused damage and injuries, and that he was a victim of economic and non-economic damages from the injuries. These damages could include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth defects and injuries are preventable by timely testing and monitoring during pregnancy, which is why 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 lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects may be of different severity and impact the way children behave, appear and performs. Some are minor and others can cause serious issues that could be fatal.

The causes of birth defects could be due to genetic disorders or a range of chemical and environmental factors. For example, exposure to toxic chemicals can cause serious complications for a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn children to harmful substances or medications.

It is well-established in scientific research that certain toxins as well as chemicals can enter the placenta and harm the unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals may cause birth defect law firm defects like the cleft lip and palate, spina bifida and muscular dystrophy.

Many mothers are exposed an array of toxic chemicals while working. These chemicals can be consumed or inhaled through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. Parents may be exposed to these poisons when they consume certain over-the-counter and prescription drugs. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's not the only one. Many different chemicals and toxins found in the home workplace, food and work environment can increase the risk of having a birth defect. Pesticides and fungicides are among the most common. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is often inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It is possible that a variety of factors could cause the condition. The problem is to evaluate these interactions in real time. The National Children's Study is important because it is in progress in several states. The NCS will enroll 100,000 women from a representative population and monitor them throughout their lives as well as their children. This study will provide the most comprehensive data on how environmental factors affect the health of infants and children.

Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the condition, but it's often the case that these kinds of defects are not a choice. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be cured. If your child was born with a medical issue which could have been prevented, you may be entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's illness is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Depending on the degree of your child's illness your legal team will be able to estimate the total cost of medical bills that are admissible for compensation.

While the vast majority of birth defects are not caused by medical negligence, there are instances when a healthcare professional has been negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication which harms an infant before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully defended cases against drug companies when a mother's medical care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child developing birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers toxic chemicals while in the workplace.