Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's not possible. If this happens, it's vital parents who are shocked seek the help of experienced birth defect lawyers.

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

Medical Malpractice

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

Birth defects and birth injuries can be caused by genetic and environmental factors, however, they could also be the result of a doctor's negligence. If a doctor fails detect congenital defects in utero and fails to inform parents of the problem they may be able to file a claim for compensation due to a birth defect for all the expenses associated with their 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 physician breached this duty, that the doctor's actions or inability to act directly led to injuries and damages, and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate tests and monitoring. 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

Every year, thousands of children are born with some type of birth defect in the United States. These birth defects can be of various severity and impact the way a child acts, looks and performs. Some are minor, whereas others can cause serious issues and even be fatal.

The reasons for a child's birth defects can stem from genetic disorders or a range of environmental and chemical factors. For example, exposure to toxic chemicals could cause serious health issues for newborns. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn children to harmful substances or medications.

It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta to affect the unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals could cause birth defects like the cleft palate and lips as well as spina Bifida and muscular dystrophy.

Many mothers are exposed an array of harmful chemicals when they are working. They can be inhaled or inhaled through the 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 who take certain over-the counter and prescription drugs. Many pharmaceuticals have not been thoroughly tested on pregnant women and have caused birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defect law firms defects, exposure to environmental factors can also be a significant factor. Many different chemicals and toxins found in the home workplace, food and work environment can increase the risk of a birth defect. Pesticides and fungicides are among the most commonly used. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is generally inevitable. However, if companies do not take precautions to protect pregnant employees they are negligent and could be held accountable.

Researchers have yet to pinpoint the exact cause of a birth defect. It could be that an interaction between a variety of factors could cause the condition, but the difficulty is evaluating these interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enroll 100,000 women from representative population and track their progress over time, as well as their children. This study will provide the most comprehensive data to date on how a variety of environmental factors influence 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 defects are not always preventable. Our birth defect lawyers understand this and are dedicated to helping families seek justice for children suffering from birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes can be avoided. If your child was born with a medical condition that could have been avoided, you may be entitled to recover damages through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if the condition of your child is due to a medication, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child's health condition your legal team will be able to estimate the total cost of medical bills qualified for compensation.

While the vast majority of birth defects aren't caused due to medical negligence, there are instances where a healthcare professional has been negligent before or during labor and birth. A doctor might incorrectly prescribe a medication that harms an infant before it is born, or they may make an error during surgery.

Our birth defect attorneys have successfully prosecuted claims where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chances that she could give birth to a child who has birth defects. We also have brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers to toxic chemicals while at work.