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Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's not possible. If this happens it is crucial for parents to 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 defect law firm can provide answers.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her field. This could mean failing to perform routine prenatal testing or prescribing medications that increase the likelihood of a birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries can be caused by genetic and environmental causes, but sometimes they are caused by medical negligence or malpractice. For example the case where a doctor fails to recognize the presence of a congenital defect in utero and then fails to notify the parents of this disability, the parents may make a claim for Defect wrongful birth seeking compensation for the lifelong costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician has a responsibility to the patient of care, that the physician violated that duty, the doctor's actions or inability to act caused injuries and damages, and that the victim suffered economic and non-economic losses due to the injuries. These damages could include medical bills and lost wages, as well as emotional distress.

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy, so it's important for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These defects can vary in severity and affect how a child appears and behaves in life. Some are minor, while others can lead to serious issues that could be fatal.

The causes of birth defects could be due to genetic defects or a range of environmental and chemical factors. Exposure to toxic chemicals, for example, can cause serious complications in babies. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

In scientific literature, it has been established that certain chemicals and toxins can traverse the placenta and affect the unborn child. These toxins are teratogenic. The exposure to these chemicals can cause birth defects like the cleft palate and lips, spina bifida and muscular dystrophy.

While they are working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents can be exposed to these toxins when they are consuming certain over-the-counter and prescription drugs. This is due to the fact that many drugs are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. Many different toxins and chemicals that are present in the home, workplace and food can increase the likelihood of having a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints and various chemical substances. 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 are still unable determine exactly what causes a specific birth defect. It could be that a combination of factors may cause the condition. The challenge is to study 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 enroll 100,000 women from representative population and track them over time and their children. This study will provide comprehensive information about the effects of environmental factors on fetal and childhood health.

Many parents suffering from a child's birth defect feel guilty for having contributed to the disorder, but it's often the case that these types of defects are not a choice. Our birth defect lawyers know this and are dedicated to families who seek justice for children suffering 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, a lot of these causes are preventable. If your child was born with a medical condition which could have been prevented, you may be entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to help 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. Depending on the degree of your child's illness your legal team will be able to estimate the total cost of medical bills qualified for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are some instances where a doctor or healthcare worker has been negligent prior to or during labor and birth. A doctor may prescribe a medication that injures the baby before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child developing a birth defect. We also brought birth defect lawsuits against companies that expose employees to harmful substances at work in a paint factory or semiconductor manufacturing company.