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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. When that becomes a reality it is crucial for parents to seek out the assistance of skilled birth defect lawyers.

Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her field. It could be a failure to conduct routine prenatal tests or prescribing medications that increase the likelihood of birth defect or committing a lapse during the labor and delivery.

Birth birth defects and birth injuries are often due to genetic and environmental causes, but occasionally they are caused by a doctor's negligence or malpractice. If a doctor fails detect congenital disabilities during pregnancy, and then fails not to inform parents of the problem they may be able to file a claim for compensation due to a birth defect for all costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act caused injuries and damages and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical expenses, lost wages and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the proper testing and monitoring. If you suspect that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects can be of various severity and impact the way a child acts, looks and performs. Some are minor while others can cause serious problems and even be fatal.

Birth birth defects can be caused by genetic defects or a range of chemcial and environmental factors. For example, exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn children to harmful substances or medications.

In scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect an unborn child. These toxins are teratogenic. Teratogenic chemicals can cause birth defects like the cleft palate, lips and spina bifida.

Many mothers are exposed many toxic chemicals while working. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) that are used in the manufacturing of semiconductors. These contaminants can also be ingested by parents while they are taking certain over-the counter and birth defect prescription drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure is also a major factor. A variety of toxins and chemicals that are found in the home workplace, food and work environment can increase the likelihood of having a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints, and other chemical substances. Exposure to toxic substances is nearly always inevitable. However, if companies fail to protect pregnant employees, they're negligent and may be held accountable.

Researchers are still trying to find the precise cause of a birth defect. It could be that an interaction with multiple factors could trigger the condition, but the problem is assessing the effects of these interactions in real time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100 women from the representative population and monitor them and their children over the course of time. This study will provide most 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 believing that they are responsible for it. However, these issues are not always preventable. Our birth defect lawyers are aware of this and are committed to helping families whose children are born with birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition which could have been avoided and prevented, you could be able to claim damages in a lawsuit involving birth defects.

A New York birth defect lawyer can assist you determine whether your child's illness is caused by an exposure to chemicals, medication or another environmental trigger which is eligible for compensation. Depending on the severity of your child's illness your legal team will be able to estimate the full cost of the associated medical bills that are admissible for compensation.

While the vast majority of birth defects are not caused due to medical negligence, there are some instances when a healthcare worker was negligent before or during labor and delivery. A doctor may prescribe a medicine that hurts the baby before it's born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug makers in cases where a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her having a child with birth defect. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to dangerous chemicals during their work.