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Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's impossible. If this happens it is crucial that parents in shock seek the help of experienced 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 assist you in getting answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in his or her field, it's considered medical malpractice. This could include failing to perform routine prenatal testing and prescribing a medication that increases the likelihood of a birth defect or making a mistake during labor and delivery.

Birth defects and birth injuries are often caused by genetic or environmental causes, however sometimes they occur due to the negligence or malpractice of a doctor. For instance, if a physician fails to recognize the presence of a congenital defect in utero and fails to inform the parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.

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

Some birth defects and injuries are preventable by prompt testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' advice regarding their prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer immediately.

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 way that a child appears, behaves and performs in life. Some are minor, but others can cause serious issues and even lead to death.

The reasons for a child's birth defects can stem from genetic defects or a variety of chemical and environmental factors. Exposure to toxic chemicals, for example, defect can cause serious complications in a newborn. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful substances or medications.

In the scientific research, it is known that certain chemicals and toxins may cross the placenta to affect an unborn child. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals may cause birth defects such as Cleft lips and palates, 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 into the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) used in the production of semiconductors. These toxins can also be ingested by parents when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, environmental exposure can also play a role. Numerous different chemicals and toxins that are found in the home, workplace and food can increase the likelihood of a birth defect. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. However, if companies fail to protect pregnant workers they're negligent and may be held responsible.

Researchers aren't able to pinpoint exactly what causes a specific birth defect. It is possible that a variety of factors may cause the condition. The problem is to study these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. 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 comprehensive data to date about how many environmental factors impact fetal as well as child health.

Many parents who are suffering from a child's birth defect feel guilty for having contributed to the condition, but it is the norm that these types of defects are not a choice. Our birth defect lawyers recognize this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was born with a medical condition that could have been prevented, you may be entitled to claim damages in a birth defect lawsuit.

A New York birth defect lawyer can assist you determine whether your child's condition is the result of chemical exposure, a medication or other environmental trigger that is eligible for compensation. Your legal team can calculate the total cost of medical expenses that are related to your child's illness according to the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are some instances in which a doctor or healthcare worker was negligent before or during labor and delivery. A physician may incorrectly prescribe a medication which harms the baby before it's born, or make a mistake during surgery.

Our birth defect lawyers have successfully pursued claims against drug manufacturers in cases where a mother's health care provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her child developing a birth defect. We also have brought birth defect lawsuits against companies that expose workers to harmful substances while working in a paint factory or semiconductor manufacturing company.