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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes impossible. If this happens it is imperative that stunned parents seek the assistance of experienced birth defect lawyers.

Birth injuries and birth defects can be caused by medical negligence or drugs that pose a risk and exposure to environmental factors. A New York birth defect law firm can provide answers.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in his or her area, it is deemed medical malpractice. This could mean failing to perform routine prenatal testing, prescribing medication that increases the chance of having a birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injuries are usually caused by environmental and genetic factors, however, they could also be caused by a doctor's negligence. For example the case where a doctor fails to recognize an inborn disability and fails to notify parents of the impairment, parents can bring a wrongful birth claim seeking compensation for the lifetime costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the physician violated this duty, the doctor's actions or failure to act directly caused injuries and damages and that the victim was harmed economically and non-economically due to the injuries. These damages may include expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided with timely testing and monitoring during pregnancy, so it's vital for pregnant women follow their doctors' recommendations about prenatal visits. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect law firms defect. These birth defects may be of different severity and affect the way that children behave, appear and functions. Some are minor, but others can cause serious problems and even be fatal.

The reasons for a child's birth defects can stem from genetic abnormalities or a range of environmental and chemical factors. Exposure to harmful chemicals, for instance could cause serious problems in a newborn. Our firm is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

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

Many mothers are exposed to a wide variety of toxic chemicals while they are working. These chemicals can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE), which are used in the fabrication of semiconductors. Parents can also be exposed chemicals when they consume certain prescription and over-the counter drugs. Many medications have not been thoroughly tested on pregnant women and have caused birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause, but it's not the only one. The presence of a variety of chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it 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 can trigger the condition. The challenge is to analyze these interactions in real time. The National Children's Study is important because it is now underway across several states. The NCS will enroll 100,000 women from diverse populations and will follow them and their children over the long run. This study will provide the most comprehensive data available on how many environmental factors impact fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty that they may have contributed to the condition, but it's often the case that these kinds of problems are unavoidable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical condition that could have been avoided, you may be entitled to claim damages in a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's condition is caused by a medication, chemical or environmental exposure that qualifies for compensation. Based on the degree of your child's illness, your legal team will also be able to determine the total cost of associated medical bills that are admissible for compensation.

Although the majority of birth defects aren't caused due to medical negligence, there are some instances where a healthcare worker is negligent prior to or during labor and birth. A doctor could prescribe a medication that harms a baby even before birth, or make an error during surgery.

Our birth defect lawyers have successfully defended cases against drug companies where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her having a child born with birth defect. We also have filed birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to toxic chemicals while when they work.