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 shocked seek out the help of experienced birth defects lawyers.

Birth injuries and birth defects can be caused by medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of medical care in their area of expertise. This might involve failing to perform routine prenatal testing and prescribing a medication that increases the likelihood of a birth defect or committing a lapse during the labor and delivery.

Birth defects and birth injury can be caused by environmental and genetic factors but they can also be the result of the negligence of a physician. If a doctor fails to detect congenital disabilities during pregnancy, and then fails not to inform parents of the problem they may be eligible to file a claim for compensation due to a birth defect for all expenses related to their child's disability.

A successful medical malpractice claim in birth defect cases requires that the physician was obligated to the patient to perform a duty of care, that the physician breached this duty, that the doctor's actions or inability to act directly caused injuries and damages, and that the victim suffered economic and non-economic damages due to his or her injuries. These damages may include costs of medical bills lost wages as well as pain and suffering and emotional distress.

Some birth injuries and defects can be prevented by prompt testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to adhere to their doctor's advice regarding prenatal appointments. If you believe that the birth defect of your child is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects may be of different severity and affect the way that children behave, appear and functions. Some are minor while others can cause serious issues that could be fatal.

The causes of a child's birth defects may be due to genetic anomalies or a wide variety of environmental and chemical factors. Exposure to toxic chemicals, for instance, can cause serious complications in babies. Our firm is committed to holding employers accountable for the exposure of pregnant women and newborn babies to harmful substances or medications.

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

While they are working, many mothers are exposed to a range of toxic chemicals. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents may also be exposed to these poisons when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only one. Many different chemicals and toxins that are found in the home workplace, food and work environment can increase the chance of a birth defect. Pesticides and fungicides are among the most common. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant workers they are negligent and could be held responsible.

Researchers are still unable to pinpoint the root of the birth defect. It is possible that an interaction between multiple factors may cause the problem, but the issue is evaluating these interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enrol 100 women from the representative population and follow them and their children for the long term. This study will provide the most comprehensive data available on how various environmental factors influence fetal and child health.

Many parents who have a birth defect in their child are resentful, believing that they caused it. However, these defects are usually inevitable. Our birth defect lawyers understand this and are committed to helping families who have children who have 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. Fortunately, the majority of these causes can be avoided. If your child was diagnosed with a medical condition that could have been prevented it is possible to seek compensation through a lawsuit involving birth defects.

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

Although the majority of birth defects are not caused due to medical negligence, there are instances in which a doctor or healthcare professional has been negligent before or during labor and delivery. A doctor could prescribe a medicine incorrectly, which causes harm to a baby even before the birth, or make an error in surgery.

Our birth defect attorneys have successfully prosecuted claims where a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the chance that she would give birth to a baby with birth defects. We also brought birth defect lawsuits against companies that expose workers to hazardous substances on the job in a paint factory or semiconductor manufacturing companies.