Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes impossible. When that happens it is imperative that parents who are in shock seek out the assistance of skilled birth defect lawyers.

Birth problems and injuries can be caused by medical negligence, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could include not performing prenatal tests or prescribing drugs which increase the chance of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries are often caused by environmental and genetic causes, but they can also be caused by a doctor's negligence. For example, if a physician fails to detect the presence of a congenital defect in utero and fails to notify parents of the condition, parents may file a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

In order to prevail in a medical negligence case in birth defects, the plaintiff must prove that the doctor owed a breach of care to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly caused damages and injuries and that he suffered economic and noneconomic damages due to the injuries. These damages could include medical bills or lost wages, as well emotional distress.

Certain 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 visits. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects may be of different severity and impact the way a child acts, looks and performs. Some are minor, but others can cause serious issues that could be fatal.

Birth birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental factors. For example exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

In scientific literature, it has been established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These chemicals are teratogenic. Exposure to these chemicals can cause birth defects like the cleft lip and palate as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals when they are at work. These chemicals can be breathed in or inhaled through the skin. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. These toxins can also be ingested by parents when they take certain prescription or over-the-counter medications. This is due to the fact that many drugs are not adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also play a role. The presence of many different toxins and chemical compounds in the workplace, at home and in food can increase the risk of birth defects. This includes fungicides, pesticides and lead, as well as heavy metals, certain paints, and many other chemical compounds. Exposure to these toxic substances is generally inevitable. When companies fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are unable to determine exactly what causes a particular birth defect. It is possible that a combination between a variety of factors could cause the condition, but the challenge is assessing these interactions in real time. The National Children's Study is important because it is currently underway across several states. The NCS will enroll 100,000 women from a variety of populations as well as follow them and their children for the long-term. This study will provide comprehensive data on the effects of environmental factors on fetal and childhood health.

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

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be avoided. If your child was diagnosed with a medical issue that could have been avoided it is possible to recover damages in a lawsuit for birth defects.

A New York birth defect attorney will be able help you determine if your child's illness is due to the use of a medicine, chemical or environmental exposure that is eligible for compensation. Based on the degree of your child's illness, your legal team will be able to estimate the full cost of the medical bills that are admissible for compensation.

Although the majority of birth defects are not caused due to medical negligence, there are occasions where a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor might prescribe a medication in a way that harms a baby even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully defended claims against drug manufacturers in cases where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her child developing birth defect. We have also brought birth defect lawsuits against semiconductor and paint factories which expose their employees to hazardous substances in the workplace.