Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's not feasible. When this happens, it's important parents who are shocked seek the help of experienced birth defect lawyers.

Birth injuries and birth defects can result from medical malpractice and drugs that are harmful as well as exposure to environmental hazards. A New York birth defect law firm can help you get answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in his or her area, it is deemed medical malpractice. It could be a failure to perform routine prenatal testing or prescribing medications that increase the risk of a birth defect or making a misstep during labor and birth.

Birth defects and birth injuries are usually caused by genetic or environmental causes, however sometimes they are caused by the negligence or malpractice of a doctor. For example when a doctor is unable to identify a congenital disorder in the uterus and then fails to notify parents of the impairment, parents can 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 demands that the physician had a duty to the patient of care, that the physician violated that duty, the doctor's actions or inability to act led directly to injuries and damages and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include medical expenses, lost wages and emotional stress.

Prenatal visits are important to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These birth defects may be of different severity and impact the way children behave, appear and functions. Some are minor, while others can cause serious problems and may even cause death.

Birth birth defects can be caused by genetic disorders or a variety of chemcial and environmental factors. Exposure to harmful chemicals, for example causes serious complications in the infant. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful substances or drugs.

In scientific literature, it is established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects like lip clefts, palates, and spina bifida.

While they are working, many mothers are exposed to a range of harmful chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. Parents can also be exposed toxins when they are consuming certain prescription and over-the counter drugs. Many drugs have not been properly tested on pregnant women and may cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's not the only reason. The presence of many different chemicals and toxins in the home, at work and in food can increase the risk of birth defects. This includes fungicides and pesticides, lead, heavy metals, certain paints, and various chemical substances. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers aren't able to pin down exactly what causes a particular birth defect. It is possible that a mix of factors could cause the condition. The problem is to analyze these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enrol 100,000 women from a variety of populations as well as follow them and their children over the course of time. This study will provide the most complete data available on how different environmental factors impact fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they caused it. However, these birth defects are usually unavoidable. Our birth defect lawyers are aware of 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, many of these causes are preventable. 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 attorney can help you determine if your child's illness is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition, your legal team will also be able calculate the full cost of the medical bills qualified for compensation.

While the majority of cases are not due to medical negligence, there have been cases in which a doctor was negligent prior to or during labor and delivery. A doctor could prescribe a medication in a way that can harm a baby before birth, or even make an error during surgery.

Our birth defect lawyers have successfully defended cases against drug companies where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child with a birth defect. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to toxic chemicals while in the workplace.