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Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's not possible. If that happens it is crucial that parents in shock seek the help of experienced birth defect lawyers.

Birth injuries and birth defects could be caused by medical negligence, drugs that are dangerous, and environmental exposure. A New York birth defect law firm can help you get answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This could include failing to conduct routine prenatal testing and prescribing a medication that increases the chance of having a birth defect or making a mistake during the birth and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental factors, but they can also be caused by an error by a doctor. If a doctor fails to detect congenital disabilities in utero and fails to inform parents, the parents may be in a position to file a lawsuit for compensation due to a birth defect for all the expenses related to their child's disability.

A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the physician violated this duty, the doctor's actions, or failure to act led directly to injuries and damages and that the victim was harmed economically and non-economically due to his or her injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth injuries and defects are preventable with timely testing and monitoring during pregnancy. It's important for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you suspect that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These birth defects can vary in severity and impact the way that a child appears, behaves and performs in life. Some are minor, but others can cause serious issues and can even be fatal.

Birth defects can result from genetic disorders or a variety of environmental and chemcial factors. Exposure to toxic chemicals, for instance, can cause serious complications in a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful substances or drugs.

It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta and harm the unborn baby. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects, such as the cleft palate, lips and spina bifida.

Many mothers are exposed a wide variety of harmful chemicals when they are at work. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) used in the production of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. Many medications have not been tested properly on pregnant women and have resulted in birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's not the only one. The presence of various chemicals and toxins in the home, at work and in food can increase the risk of birth defects. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints and other chemical compounds. Exposure to these toxic substances is generally inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers aren't able to pin down exactly what causes the birth defect in a specific way. It is possible that a mix of factors may cause the condition. The trick is to evaluate the effects of these factors 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 a representative population and monitor them over time and also their children. This study will provide complete information on how environmental factors affect the health of a child's fetus and.

Many parents who suffer from a birth defect in their child are resentful, believing that they caused it. However, these defects are often unavoidable. Our birth defect lawyers recognize this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by many causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be cured. If your child was born with a medical issue which could have been prevented and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's condition is caused by an illness, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical expenses related to your child's condition depending on the severity.

While the vast majority of birth defects aren't caused by medical negligence, there are instances where a doctor or healthcare worker was negligent before or during labor and delivery. A doctor could incorrectly prescribe a medicine that hurts an infant before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully litigated cases where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the risk that she would give birth to a child suffering from birth defects. We also have filed birth defect lawsuits against semiconductor and paint factories that expose their workers to hazardous substances in the workplace.