Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's not possible. When this happens, it's crucial that parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of medical care in their field. This may include failing to perform prenatal testing and prescribing medicines that increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries can be caused by genetic or environmental causes, but sometimes they are the result of an error or negligence of a physician. For instance the case where a doctor is unable to identify the presence of a congenital defect in utero and then fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases must prove 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 caused injuries and damages, and that the victim suffered economic and non-economic damage due to the injuries. These damages could include costs of medical bills lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects can be prevented by prompt testing and monitoring during pregnancy. It's vital for pregnant women adhere to their doctor's recommendations regarding prenatal appointments. If you believe that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects may be of different severity and impact the way children behave, appear and functions. Some are minor and others can lead to serious problems that may be fatal.

The causes of birth defects can be attributed to genetic disorders or a range of environmental and chemical factors. For instance exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful medications or substances.

It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta to affect the unborn baby. These toxins are called teratogenic. Exposure to these teratogenic chemicals may cause birth defects like Cleft lips and palates as well as spina bifida, and muscular dystrophy.

Many mothers are exposed a wide variety of harmful chemicals when they are working. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents can also be exposed toxins when they are consuming certain over-the-counter and prescription drugs. Many pharmaceuticals have not been adequately tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, environmental exposure can also be a significant factor. Many different toxins and chemicals found in the home, workplace and food can increase the chance of a birth defect. 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. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable to pin down exactly what causes a particular birth defect. It is possible that a combination between a variety of factors could cause the condition, but the challenge is assessing the interactions in real-time. The National Children's Study is important because it is now underway in a variety of states. The NCS will enrol 100,000 women from representative populations and monitor them and their children over the long term. This study will provide most comprehensive information about the effects of environmental factors on fetal and childhood health.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the condition, but it's often the case that these kinds of defects are not a choice. Our birth defect lawyers recognize this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by many causes, ranging from drugs or alcohol use during pregnancy to genes. However, many of these issues can be prevented. If your child was born with a medical condition that could have been prevented in the first place, you may be able to claim damages through a birth defect lawsuit.

A New York birth defect attorney can help you determine if your child's condition is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical bills that are related to your child's illness based on the severity.

Although the majority of birth defects aren't caused by medical negligence, there are some instances in which a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor might incorrectly prescribe a medicine that hurts the baby before it's born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully pursued claims where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chance that she would give birth to a child suffering from birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers to hazardous substances when they work.