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Birth Defect Lawsuits

Parents want their children perfect however sometimes it's impossible. When that becomes a reality, it is essential that parents in shock seek the help of experienced birth defect lawyers.

Birth injuries and birth defects can result from medical malpractice and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could include failing to perform prenatal testing, prescribing medications which increase the chance of birth defects, or making an error during labor and birth.

Birth defects and birth injuries are typically caused by genetic or environmental factors, but sometimes they are caused by medical negligence or malpractice. If a doctor fails detect congenital defects in utero, and then fails not to inform parents that their child is disabled, parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all expenses associated with their disabled child.

To prevail in a medical malpractice claim in birth defects, the plaintiff must prove that the doctor owed a breach of duty to the patient, that he failed to fulfill this duty, that his actions or inaction action directly led to damages and injuries and that he or she suffered economic and noneconomic damage from the injuries. These damages could include medical bills or lost wages, as well emotional distress.

Certain birth injuries and defects can be prevented with timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to adhere to their doctor's recommendations about prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, consult 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 birth defects. These birth defects can vary in severity and affect way that a child appears and behaves in life. Some are minor, but others can cause serious issues that could be fatal.

Birth defects can be caused by genetic disorders or a variety of environmental and chemcial factors. For example, exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

In the scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These toxins are known as teratogenic. Exposure to these teratogenic chemicals may cause birth defects such as cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed a wide variety of toxic chemicals while at work. They can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents may also be exposed to these chemicals when they consume certain prescription or over-the-counter medications. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure is also a major factor. The presence of a variety of toxins and chemical compounds in the home, at work and in food can increase the risk of developing birth defects. This includes fungicides and pesticides lead, heavy metals, certain paints and various chemical substances. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still unable pin down exactly what causes a specific birth defect. It could be that an interaction between a variety of factors could cause the problem, but the issue is evaluating the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enrol 100 women from the representative population and monitor them and their children for the long run. This study will provide the most complete information to date on how different environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty, believing that they contributed to it. However, these birth defects are not always preventable. Our birth defect lawyers understand this and are committed to helping families whose children are born who have birth defects.

Product Liability

Birth defects are caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be prevented. If your child was born with a medical condition that could have been avoided and you are entitled to compensation through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine whether your child's condition is the result of chemical exposure, a medication or another environmental trigger that is eligible for compensation. Based on the severity of your child's illness the legal team will also be able to determine the full cost of the associated medical expenses that are qualified for compensation.

While the majority of these cases are not due to medical negligence however, there have been instances where doctors have been negligent prior to or during labor and birth. A doctor might prescribe a medication that harms a baby even before birth, or make an error in surgery.

Our birth defect lawyers have successfully defended claims in which a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chances that she could give birth to a child who has birth defects. We also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals at work, such as a paint factory or semiconductor manufacturing companies.