Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not always possible. When this happens, it's important parents who are shocked seek the help of experienced birth defects lawyers.

Birth injuries and birth defect law firms defects can be caused by medical negligence or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her field. It could be a failure to perform routine prenatal testing, prescribing medication that increases the likelihood of birth defect or making a mistake during labor and birth.

Birth birth defects and birth injuries are usually the result of genetic and environmental causes, but sometimes they arise due to a doctor's negligence or malpractice. For instance, if a physician fails to detect a congenital disorder in the uterus and fails to inform the parents of this impairment, parents can file a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician was obligated to the patient to perform a duty of care, that the physician breached this duty, that the doctor's actions or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damages due to his or her injuries. These damages could include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, which is why it's vital for pregnant women follow their doctors' recommendations regarding their prenatal visits. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with a type of birth defect in the United States. These birth defects can vary in severity and impact way that a child appears, acts and functions in life. Some are minor, while others can cause serious issues and may even cause death.

The causes of a child's birth defects may be due to genetic abnormalities or a range of chemical and environmental factors. For instance exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or drugs.

It is well-established in scientific research that certain toxins and chemicals can pass through the placenta and harm the unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals can cause birth defects such as cleft lips, palates and spina bifida.

Many mothers are exposed many toxic chemicals while at work. These chemicals can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. Parents can also be exposed toxic substances when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, environmental exposure is also a major factor. Many different chemicals and toxins that are found in the home workplace, food and work environment could increase the chances of having a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints, and many other chemical substances. Exposure to these toxins is usually unavoidable. However, when employers fail to safeguard pregnant employees they're negligent and could be held responsible.

Researchers are still unable to pinpoint the exact cause of a birth defect. It is possible that a combination of factors could cause the condition. The challenge 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 important. The NCS will enroll 100,000 women from a representative populations and will follow them over time and their children. This study will provide comprehensive information about how environmental factors affect the health of infants and children.

Many parents who have a birth defect in their child feel guilty, believing that they were responsible for the defect. However, these defects are usually unavoidable. Our birth defect lawyers understand 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 use during pregnancy to genetics. However, many of these causes can be avoided. If your child was born with a medical issue that could have been avoided in the first place, you may be able to claim damages through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine if your child's condition was caused by chemical exposure, a medication or any other environmental cause which is eligible for compensation. Your legal team can estimate the total cost of medical bills associated with your child's condition depending on the severity.

While the majority of cases are not caused due to medical negligence there are instances where a doctor was negligent during or before labor and birth. A doctor might incorrectly prescribe a medication that injures the baby before it is born, or they may make a mistake during surgery.

Our birth defect attorneys have successfully prosecuted claims where a mother's health care provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she could give birth to a baby with birth defects. We have also brought birth defect lawsuits against companies who expose workers to dangerous chemicals at work in a paint factory or semiconductor manufacturing company.