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Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not possible. When that becomes a reality, it is essential that stunned parents seek out the assistance of skilled birth defect lawyers.

Birth defects and injuries can be caused by medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in his or her field, it's considered medical malpractice. This could mean failing to perform routine prenatal tests, prescribing medication that increases the likelihood of a birth defect or committing a lapse during the labor and delivery.

Birth defects and birth injury can be caused by environmental and genetic causes, but they can also be the result of a doctor's negligence. For example the case where a doctor does not recognize a congenital disability in utero and fails to inform parents of this impairment, parents can file a wrongful birth claim seeking compensation for the ongoing 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 caused injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth defects and injuries are preventable by prompt testing and monitoring during pregnancy, which is why it's vital for pregnant women follow their doctors' advice regarding prenatal visits. If you suspect that the birth defect of your child is the result of 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 every year with a birth defect. These birth defects may be of different severity and affect the way that children behave, look and functions. Some are minor, but others can cause serious problems and even lead to death.

Birth problems 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 determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or drugs.

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

Many mothers are exposed to various harmful chemicals when they are at work. These chemicals can be consumed, inhaled or absorbed into the body's skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the manufacture of semiconductors. These chemicals can also be consumed by parents when they take certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs are not adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, exposure to environmental factors is also a major factor. The presence of various chemicals and toxins at the home, at work and in food items can increase the risk of birth defects. This includes fungicides, pesticides and lead, as well as heavy metals, some paints and many other chemical compounds. Exposure to these toxic substances is often inevitable. However, if companies fail to protect pregnant employees, they're negligent and could be held responsible.

Researchers are still unable to pinpoint the exact cause of a birth defect. It is possible that a combination of factors could cause the condition. The next step is to evaluate the interactions in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enroll 100,000 women from a representative population and monitor their progress over time and also their children. This study will provide the most comprehensive data available on how a variety of environmental factors impact fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they contributed to it. However, these issues are usually inevitable. Our birth defect attorneys are aware of this and are dedicated in helping families who have children who have birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes are preventable. If your child was born with a medical condition that could have been avoided and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's condition is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical expenses related to your child's condition according to the severity.

Although the majority of birth defects aren't caused due to medical negligence, there are some instances where a healthcare professional has been negligent prior to or during labor and birth defect law firm. A doctor may prescribe a medication that injures a baby before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the chances of her child developing a birth defect. We also have brought birth defect lawsuits against companies that expose employees to dangerous substances on the job in a paint factory or semiconductor manufacturing company.