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Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes that's impossible. When that happens it is vital that parents in shock seek the help of experienced birth defect lawyers.

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

Medical Malpractice

Medical malpractice is when a doctor violates the accepted standard of care in his or her field. It could be a failure to perform routine prenatal tests or prescribing medications that increase the likelihood of birth defect or making a misstep during the labor and delivery.

Birth birth defects and birth injuries are typically caused by genetic and environmental causes, however sometimes they arise due to an error or negligence of a physician. If a doctor fails detect congenital disabilities in utero, and then fails not to notify parents they may be in a position to file a lawsuit for wrongful birth seeking compensation for all the expenses for their child's disabilities.

In order to win a medical malpractice lawsuit in birth defects the plaintiff must show that the doctor was in breach of a duty of care to the patient, that he failed to fulfill that duty, that his actions or lack of action directly triggered damages and injuries, and that the plaintiff suffered economic and noneconomic damages from the injuries. These damages could include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect lawsuit defect within the United States. These defects vary in severity and affect the how a child appears and behaves in life. Some are minor and others can cause serious issues that could be fatal.

Birth defects can result from genetic abnormalities or a variety of chemcial or environmental factors. Exposure to harmful chemicals, for instance, can cause serious complications in the newborn. Our firm is committed in bringing employers to account when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

In the scientific literature, it has been established that certain chemicals and toxins can traverse the placenta and affect an unborn child. These toxins are called teratogenic. Teratogenic chemicals can cause birth defects, such as cleft lips, palates and spina Bifida.

While working, many mothers are exposed of toxic chemicals. These chemicals can be ingested or inhaled through the skin of the body. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) used in the production of semiconductors. These toxic substances can also be consumed by parents when they consume certain prescription or over-the-counter medications. Many medications have not been thoroughly tested on pregnant woman and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors is also a major cause. Many different chemicals and toxins that are found in the home, workplace and food can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. However, when employers do not take precautions to protect pregnant employees, they are negligent and can be held responsible.

Researchers are still unable identify the exact cause of a particular birth defect. It is possible that a mix of factors can trigger the condition. The problem is to analyze 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 a representative population and follow their progress over time as well as their children. This study will provide the most complete data available on how various environmental factors impact fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the problem, but it's often the case that these kinds of issues are unavoidable. Our birth defect lawyers recognize this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was diagnosed with a medical condition which could have been avoided, you may be able to seek compensation through a lawsuit involving birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's illness was caused by chemical exposure, a drug or other environmental factor which is eligible for compensation. Your legal team can calculate the total cost of medical expenses for your child's condition depending on the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases in which a doctor or healthcare worker is negligent before or during labor and delivery. A doctor could incorrectly prescribe a medication that injures the baby before it's born, or they may make an error during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug makers when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her child being born with a birth defect. We have also filed birth defect lawsuits against companies that expose their workers to dangerous chemicals while working for example, a paint factory or semiconductor manufacturing companies.