Birth Defect Lawsuits

Parents want their children perfect but sometimes it's not always possible. When this happens, it's important parents who are shocked seek the assistance of a seasoned birth defect lawyers.

Birth problems and injuries can result from medical malpractice, drugs that are dangerous, and environmental exposure. A New York birth defect law firm can help you get answers.

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. It could be a failure to perform routine prenatal testing and prescribing a medication that increases the risk of a birth defect or making a mistake during labor and delivery.

Birth defects and birth injuries are typically caused by genetic and environmental factors, but sometimes they arise due to the negligence or malpractice of a doctor. For example in the event that a physician fails to recognize an inborn disability and fails to notify parents of the disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses associated with the handicapped child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff has to prove that the doctor owed a duty of care to the patient, that he breached the duty, that his actions or inaction action directly led to damages and injuries and that the plaintiff suffered economic and noneconomic damage as a result of the injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Certain birth problems and injuries can be avoided through timely testing and monitoring during pregnancy, so it's crucial for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These defects can be of varying severity and impact the way children behave, look and performs. Some are minor, while others can cause serious problems that may be fatal.

Birth defects can be caused by genetic disorders or a variety of chemcial and environmental causes. Exposure to toxic chemicals, for example can trigger serious complications in babies. Our firm is committed to holding employers accountable for the exposure of pregnant women and newborn babies to harmful substances or drugs.

In the scientific literature, it has been established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals could cause birth defects such as lip clefts, palates, and spina Bifida.

Many mothers are exposed to an array of harmful chemicals when they are at work. They can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the production of semiconductors. These toxic substances can also be consumed by parents who take certain prescription and over-the-counter drugs. A lot of pharmaceuticals haven't been tested properly on pregnant woman and have caused birth defects.

Environmental Exposure

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

Researchers are still unable pin down exactly what causes the specific birth defect. It is possible that a variety of factors can trigger the condition. The next step is to assess the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from representative population and follow them throughout their lives and also their children. This study will provide the most comprehensive data to date about how different environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child feel guilty because they believe they are responsible for it. However, these birth defects are usually inevitable. Our birth defect lawyers understand this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was born with a medical condition that could have been avoided in the first place, you may be able to claim damages in a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine if your child's illness was caused by chemical exposure, a medication or other environmental factor that is a reason to seek compensation. Based on the severity of your child's condition, your legal team will be able to estimate the full cost of the associated medical bills that are eligible for compensation.

Although the vast majority are not caused due to medical negligence, there have been cases where doctors have been negligent prior to or during labor and delivery. A doctor may prescribe a medication that could harm a baby, even before birth, or even make an error in surgery.

Our birth defect lawyers have successfully prosecuted allegations that a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the chances that she would give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies that expose employees to dangerous substances while working in a paint factory or semiconductor manufacturing companies.