Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's impossible. When this happens, it's essential that parents who are shocked seek the help of experienced birth defects lawyers.

Birth injuries and birth defect law firms defects can be caused by medical negligence, drugs that are dangerous or exposure to environmental toxins. 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 field. This could be due to failing to perform prenatal testing or prescribing medications which increase the chance of birth defects, or making an error during labor or delivery.

Birth defects and birth injuries are usually caused by environmental and genetic factors, however, they could also be a result of the negligence of a physician. For instance when a doctor fails to detect a congenital disorder in the uterus and fails to notify parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the physician violated this duty, the doctor's actions or inability to act led directly to injuries and damages, and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the required tests and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These birth defects can be of varying severity and affect the way that children behave, appear and performs. Some are minor while others can cause serious problems that may be fatal.

The causes of a child's birth defects may be due to genetic disorders or a range of chemical and environmental factors. For instance exposure to toxic chemicals can cause serious complications for a newborn. Our firm is committed to making employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

It is well-established in scientific literature that certain toxins and chemicals can cross the placenta and harm the unborn baby. These chemicals are teratogenic. Exposure to these chemicals can cause birth defects like the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed a variety of toxic chemicals. These chemicals can be ingested, inhaled or absorbed into the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE), which are used in the manufacture of semiconductors. These toxins can also be ingested by parents when they take certain over-the counter and prescription drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors is also a major cause. Numerous different chemicals and toxins that are found in the home or workplace can increase the chance of a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxins is generally inevitable. But, when businesses fail to protect pregnant workers, they're negligent and could be held accountable.

Researchers are still unable to pinpoint the specific cause of a birth defect. It could be that an interaction with multiple factors could trigger the condition, but the problem is evaluating the effects of these interactions in real time. The National Children's Study is important because it is currently underway across several states. The NCS will enrol 100,000 women from diverse populations and will follow them and their children over the course of time. This study will provide the most comprehensive data to date on how various environmental factors affect fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the condition, however it is the norm that these types of defects are inevitable. Our birth defect lawyers understand this and are committed to helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided it is possible to get compensation in a lawsuit for birth defects.

A New York birth defect attorney will be able to help you determine if the condition of your child is caused by an illness, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's condition your legal counsel will also be able to determine the total cost of medical bills suitable for compensation.

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

Our birth defect attorneys have successfully prosecuted claims in which a mother’s health medical professional was exposed to prescription drugs or toxic chemicals which increased the risk that she would give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies who expose workers to harmful substances on the job like a paint factory or semiconductor manufacturing companies.