Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not possible. If this happens it is crucial that parents in shock seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of medical care in their area of expertise. This might involve failing to perform routine prenatal testing, prescribing medication that increases the chance of having a birth defect or making a misstep during the labor and delivery.

Birth defects and birth injuries can be due to genetic and environmental causes, but sometimes they arise due to medical negligence or malpractice. For instance, if a physician does not recognize an inborn disability and fails to inform the parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime costs associated with the 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 doctor breached this duty, that the doctor's actions or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic damage due to the injuries. These damages could include medical expenses, lost wages and emotional stress.

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

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect in the United States. These birth defects are of various degrees and impact the way the child behaves, looks and performs. Some are minor, while others can cause serious issues that could be fatal.

The causes of a child's birth defects can stem from genetic anomalies or a wide range of environmental and chemical factors. Exposure to harmful chemicals, for instance could cause serious problems in the infant. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

It is well-established in scientific research that certain toxins as well as chemicals can pass through the placenta and affect the unborn baby. These toxins are known as teratogenic. Exposure to these teratogenic chemicals can cause birth defects, such as the cleft lip and palate, spina bifida and muscular dystrophy.

Many mothers are exposed many toxic chemicals when they are at work. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) employed in the production of semiconductors. These chemicals can also be consumed by parents who take certain over-the counter and prescription drugs. Many medications have not been thoroughly tested on pregnant women and have caused birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure can also be a significant factor. Many different chemicals and toxins found in the home workplace, food and work environment could increase the chances of having a birth defect. This includes fungicides and pesticides lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when employers do not take precautions to protect pregnant employees, they are negligent and can be held responsible.

Researchers are still unable to pinpoint the exact cause of a birth defect. It could be that an interaction with multiple factors could trigger the condition, but the difficulty is evaluating the effects of these interactions in real time. The National Children's Study is important since it is currently in process across several states. The NCS will enroll 100 women from the representative population and follow them and their children for the long-term. This study will provide the most complete data to date on how various environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty, believing that they were responsible for the defect. But, these problems are usually unavoidable. Our birth defect lawyers understand this and are dedicated to families who seek justice for children who suffer from birth defects.

Product Liability

Birth problems can be caused by many factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical issue which could have been avoided it is possible to recover damages in a lawsuit for birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's condition was caused by an exposure to chemicals, medication or another environmental trigger that could be eligible for compensation. Your legal team can calculate the total cost of medical expenses for your child's condition depending on the severity.

While the vast majority of birth defects aren't caused by medical negligence, there are some instances when a healthcare professional has been negligent prior to or during labor and delivery. A doctor may prescribe a medication in a way that causes harm to a baby even before the birth, or make an error in surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers in which a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child developing a birth defect. We also brought birth defect lawsuits against companies who expose workers to harmful substances at work in a paint factory or semiconductor manufacturing company.