Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's not possible. When this happens, it's crucial parents who are shocked seek the assistance of a seasoned birth defect lawyers.

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

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of care in his or her field. It could be a failure to perform routine prenatal tests, prescribing medication that increases the risk of a birth defect law firm defect or making a mistake during the labor and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic factors however, they can also be a result of the negligence of a physician. For example in the event that a physician fails to detect a congenital disorder in the uterus and fails to inform parents of the impairment, parents can bring a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases demands that the doctor 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 directly caused injuries and damages and that the victim suffered economic and non-economic damage as a result of the injuries. These damages may include costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the required testing and monitoring. 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

In the United States, thousands of babies are born every year with birth defects. These defects vary in severity and affect way a child looks, acts and functions in life. Some are minor and others can cause serious issues that could be fatal.

Birth problems can be caused by genetic anomalies or a range of chemcial and environmental causes. Exposure to harmful chemicals, for instance could cause serious problems in a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in the scientific research that certain toxins and chemicals can enter the placenta to affect an unborn baby. These toxins are known as teratogenic. Teratogenic chemicals can cause birth defects, such as the cleft palate, lips and spina bifida.

Many mothers are exposed an array of toxic chemicals while at work. These chemicals can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) employed in the production of semiconductors. Parents may also be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. Many drugs have not been adequately tested on pregnant woman and have led to 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. Many different chemicals and toxins found in our homes as well as in food items can increase the likelihood of a birth defect. Pesticides and fungicides are among the most commonly used. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. But, when businesses do not take precautions to protect pregnant employees they're negligent and could be held responsible.

Researchers are still unable pin down exactly what causes the specific birth defect. It is possible that a variety of factors can cause the condition. The challenge is to evaluate the interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow them and their children over the long term. This study will provide the most comprehensive data on the effects of environmental factors on the health of children and fetuses.

Many parents who suffer from a birth defect in their child feel guilt because they believe they were responsible for the defect. But, these problems are often 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 defects are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. However, many of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to seek compensation through a lawsuit for birth defects.

A New York birth defect attorney will be able 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 health condition your legal counsel will also be able to determine the total cost of associated medical bills that are suitable for compensation.

Although the vast majority of birth injuries are not due to medical negligence there are instances where a doctor has been negligent during or before labor and delivery. A doctor could prescribe a medicine incorrectly, which harms a baby even before birth, or may make an error in surgery.

Our birth defect lawyers have successfully defended lawsuits against drug makers where a mother's health healthcare 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 have also brought birth defect lawsuits against companies that expose employees to dangerous substances on the job like a paint factory or semiconductor manufacturing company.