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Birth Defect Lawsuits

Parents want their children perfect but sometimes it's not possible. When that becomes a reality it is vital that stunned parents seek the assistance of experienced birth defect lawyers.

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

Medical Malpractice

If a doctor does not adhere to the accepted standards of practice in their area, it is considered medical malpractice. This could mean failing to conduct routine prenatal tests, prescribing medication that increases the risk of a birth defect, or making a mistake during labor and delivery.

Birth birth defects and birth injuries are often the result of genetic and environmental causes, but sometimes they occur due to medical negligence or malpractice. If a doctor fails to detect congenital problems in utero, and then fails not to inform parents they may be in a position to file a lawsuit for compensation due to a birth defect for all the expenses associated with their disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the doctor did not fulfill this duty, that the doctor's actions or inability to act caused injuries and damages and that the victim suffered economic and non-economic damage due to the injuries. These damages could include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth injuries and defects can be prevented through timely testing and monitoring during pregnancy. It's important for pregnant women to follow their doctors' recommendations about prenatal visits. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with some type of birth defect in the United States. These birth defects can be of various severity and impact the way children behave, look and performs. Some are minor birth defect while others can cause serious problems and even lead to death.

The causes of birth defects could be due to genetic defects or a variety of chemical and environmental factors. Exposure to harmful chemicals, for example could cause serious problems in the newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in scientific literature that certain toxins and chemicals can cross the placenta, affecting the unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects, such as lip clefts, palates, and spina Bifida.

Many mothers are exposed an array of harmful chemicals when they are working. They can be ingested, inhaled or absorbed through the skin of the body. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the manufacturing of semiconductors. These toxic substances can also be consumed by parents while they are taking certain over-the counter and prescription drugs. Many drugs have not been thoroughly tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure can also be a significant factor. Many different toxins and chemicals that are found in the home workplace, food and work environment can increase the risk of a birth defect. This includes fungicides and pesticides, lead, heavy metals, some paints and many other chemical compounds. Exposure to these toxins is often inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to determine the precise cause of a birth defect. It is possible that a combination of factors may cause the condition. The problem is to analyze these interactions in real-time. The National Children's Study is important because it is in progress across several states. The NCS will enroll 100,000 women from representative population and follow their progress over time and also their children. This study will provide the most complete data available on how different environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child feel guilty because they believe they caused it. But, these problems are usually unavoidable. Our birth defect lawyers are aware of this and are dedicated in helping families who have children who have birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition that could have been prevented it is possible to recover damages in a lawsuit involving birth defects.

A New York birth defect attorney will be able to help you determine if your child's illness is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition the legal team will also be able to calculate the full cost of the associated medical bills that are eligible for compensation.

Although the majority of birth defects are not caused by medical negligence, there are some instances where a doctor or healthcare worker was negligent before or during labor and birth. A doctor may prescribe a medication that could harm a baby, even before birth, or make an error in surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with birth defects. We have also brought birth defect lawsuits against semiconductor and paint factories which expose their employees to harmful chemicals when they work.