Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. When that becomes a reality it is vital that parents in shock seek the help of seasoned birth defect lawyers.

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

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of medical care in their field. This could be due to failing to conduct prenatal testing and prescribing medicines that increase the chance of birth defects, or making an error during labor or delivery.

Birth birth defects and birth injuries are usually the result of genetic and environmental factors, but sometimes they are caused by the negligence or malpractice of a doctor. For example when a doctor fails to detect the presence of a congenital defect in utero and then fails to notify parents of this condition, parents may make a claim for wrongful birth seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the doctor did not fulfill 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 losses as a result of the injuries. These damages might include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer as soon as you can.

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 manner in which a child looks and behaves in life. Some are minor and others can lead to serious problems that may be fatal.

The causes of a child's birth defects can be attributed to genetic defects or a variety of environmental and chemical factors. Exposure to harmful chemicals, for example can trigger serious complications in the infant. Our firm is committed in bringing employers to account when they expose pregnant mothers or their unborn babies to harmful substances or medications.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta and harm an unborn baby. These chemicals are teratogenic. The exposure to these chemicals can cause birth defects like Cleft lips and palates as well as spina Bifida and muscular dystrophy.

While working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be consumed, inhaled or absorbed through the body's skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These contaminants can also be ingested by parents when they consume certain prescription and over-the-counter drugs. This is because many pharmaceuticals 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 prevalent causes of birth defects, environmental exposure can also be a significant factor. Numerous different chemicals and toxins that are present in the home workplace, food and work environment can increase the chance of a birth defect. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It could be that an interaction with multiple factors could trigger the condition, but the problem is evaluating the effects of these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enrol 100 women from the representative population and will follow them and their children over the long term. This study will provide the most complete data to date on how different environmental factors impact fetal and child health.

Many parents who have a birth defect in their child feel guilty, believing that they caused it. However, these birth defects are usually unavoidable. Our birth defect lawyers recognize this and are committed to helping families seek justice for children suffering from 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, the majority of these causes can be avoided. If your child was born with a medical condition that could have been prevented and you are entitled to compensation through an action for birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's condition is the result of an exposure to chemicals, medication or other environmental trigger that is a reason to seek compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness according to the severity.

While the vast majority of birth defects are not caused by medical negligence, there are cases where a doctor or healthcare worker has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medication that injures an infant before it is born, or make an error during surgery.

Our birth defect lawyers have successfully defended cases against drug companies when a mother's medical healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her child being born with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers dangerous chemicals during their work.