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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. When that becomes a reality it is vital that parents in shock seek out the assistance of skilled birth defect lawyers.

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

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of medical care in their area of expertise. This could mean failing to perform prenatal screening, prescribing medications that increase the chance of birth defects or making a mistake during labor and birth.

Birth birth defects and birth injuries are typically caused by genetic or environmental causes, however sometimes they are the result of medical negligence or malpractice. If a physician fails to detect congenital disabilities in utero and fails to inform parents of the problem they may be eligible to file a claim for wrongful birth seeking compensation for all the costs for their child's disabilities.

In order to prevail in a medical malpractice case in birth defects the plaintiff has to prove that the doctor was bound by a duty of duty to the patient, and that he did not fulfill that duty, that his actions or inaction action directly caused injuries and damages and that he or she suffered economic and non-economic losses due to the injuries. These damages could include medical expenses, lost wages and emotional distress.

Some birth injuries and defects are preventable with timely testing and monitoring during pregnancy. It's crucial for pregnant women to follow their doctors' advice regarding their prenatal visits. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can vary in severity and affect the manner in which a child looks and behaves in life. Some are minor while others can cause serious problems and even lead to death.

The reasons for a child's birth defects can be attributed to genetic defects or a range of environmental and chemical factors. For example exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.

It is well-established in scientific research that certain toxins and chemicals can cross the placenta to affect the unborn baby. These chemicals are teratogenic. The exposure to these chemicals can cause birth defects like cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed of harmful chemicals. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. These toxins can also be ingested by parents while they are taking certain over-the counter and prescription drugs. This is due to the fact that many drugs are not properly tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, exposure to environmental factors can also play a role. The presence of many different chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and other chemical compounds. Exposure to these toxins is often inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still unable to pinpoint the exact cause of a birth defect. It could be that a combination of factors could cause the condition. The trick is to study 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 enroll 100,000 women from representative populations and will follow them throughout their lives, as well as their children. This study will provide the most complete data available on how a variety of environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child feel guilt because they believe they were responsible for the defect. However, these birth defects are usually unavoidable. Our birth defect lawyers know this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, a lot of these issues can be prevented. If your child was born with a medical condition which could have been prevented and you are entitled to compensation through an action for birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's condition is the result of chemical exposure, a drug or another environmental trigger which is eligible for compensation. Your legal team can calculate the total cost of medical expenses associated with your child's condition in relation to the severity.

Although the majority of birth defects are not caused by medical negligence, there are instances when a healthcare worker is negligent prior to or during labor and birth. A doctor might prescribe a medicine incorrectly, which could harm a baby, even before the birth, or make an error in surgery.

Our birth defect lawyers have successfully pursued cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child born with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers harmful chemicals at work.