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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. When that happens it is vital that stunned parents seek the help of seasoned birth defect lawyers.

Birth injuries and birth defects could be caused by medical negligence and drugs that are harmful, and environmental exposure. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

When a doctor fails adhere to the accepted standard of practice in his or her area, it is deemed medical malpractice. This might involve failing to conduct routine prenatal tests, prescribing medication that increases the risk of a birth defect or making a misstep during labor and birth.

Birth defects and birth injury are often caused by environmental and genetic factors however, they could also be a result of the negligence of a doctor. For example the case where a doctor fails to detect the presence of a congenital defect in utero and then fails to notify parents of the impairment, parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime costs associated with the disabled child.

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

Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. If you believe that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects may be of different severity and affect the way that a child acts, looks and functions. Some are minor, while others can cause serious issues and can even be fatal.

The causes of birth defects could be due to genetic anomalies or a wide range of environmental and chemical factors. For example, exposure to toxic chemicals can cause serious health issues for newborns. Our firm is committed to holding employers accountable for exposed pregnant women and their 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 an unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals could cause birth defects like the cleft lip and palate, spina bifida and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals when they are working. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These toxic substances can also be consumed by parents when they take certain prescription and over-thecounter medicines. Many drugs have not been thoroughly tested on pregnant women and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, environmental exposure is also a major cause. The presence of numerous chemical compounds and toxins in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most common. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the specific cause of a birth defect. It could be that a combination of factors can trigger the condition. The next step is to assess these interactions in real-time. The National Children's Study is important because it is currently underway in 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 to date on how many environmental factors impact fetal and child health.

Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the disorder, but it's often the case that these kinds of defects are unavoidable. Our birth defect lawyers understand this and are committed to families seeking justice for children suffering 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, most of these causes can be prevented. If your child was diagnosed with a medical condition which could have been avoided it is possible to recover damages in a lawsuit for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's condition was caused by an exposure to chemicals, medication or other environmental factor that could be eligible 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 expenses that are admissible for compensation.

Although the majority of birth defects are not caused by medical negligence, there are cases in which a doctor or healthcare worker is negligent before or during labor and birth. A doctor might prescribe a medication incorrectly that causes harm to a baby even before the birth, or make an error in surgery.

Our birth defect attorneys have successfully defended claims in which a mother’s health care provider was exposed to toxic chemicals or prescription drugs which increased the chances that she will give birth to a child who has birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to harmful chemicals during their work.