Birth Defect Lawsuits

Parents want their children perfect however sometimes it's not always possible. When this happens, it's important parents who are shocked seek the assistance of a seasoned 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 help you find answers.

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their area of expertise. This might involve failing to conduct routine prenatal testing, prescribing medication that increases the risk of a birth defect or making a misstep during the birth and delivery.

Birth defects and birth injuries can be caused by genetic or environmental causes, however sometimes they arise due to the negligence or malpractice of a doctor. If a doctor fails to detect congenital disabilities in utero, and then fails not to notify parents, the parents may be in a position to file a lawsuit for compensation due to a birth defect for all the costs associated with their disabled child.

To prevail in a medical malpractice case in birth defects the plaintiff must demonstrate that the doctor owed a duty of care to the patient, that he breached the duty, and that his actions or lack of action directly triggered damage and injuries, and that the plaintiff was a victim of economic and non-economic damages as a result of the injuries. These damages could include medical bills and lost wages, as well as emotional stress.

Certain birth injuries and defects are preventable by prompt testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with a form of birth defect in the United States. These defects can vary in severity and impact manner in which a child looks, acts and functions in life. Some are minor and others can lead to serious issues that could be fatal.

The reasons for a child's birth defects may be due to genetic defects or a variety of environmental and chemical factors. For instance, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or drugs.

It is well-established in scientific research that certain toxins as well as chemicals can enter the placenta to affect the unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals may cause birth defects such as lip clefts, palates, and spina Bifida.

While working, many mothers are exposed of harmful chemicals. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) that are used in the production of semiconductors. Parents may also be exposed to these chemicals when they consume certain prescription and over-the counter drugs. Many medications have not been tested properly on pregnant women and Birth defect law Firm have resulted in birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's not the only reason. Many different toxins and chemicals found in the home as well as in food items can increase the likelihood of a birth defect. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant employees, they are negligent and could be held accountable.

Researchers are unable to determine exactly what causes the specific birth defect. It is possible that a combination between multiple factors may cause the condition, but the problem is assessing these interactions in real-time. The National Children's Study is important because it is in progress in a variety of states. The NCS will enroll 100,000 women from a representative population and track their progress over time and also their children. This study will provide the most comprehensive data to date about how many environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child are resentful and believe that they contributed to it. However, these defects are usually unavoidable. Our birth defect attorneys understand this and are dedicated in helping families who have children with birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes can be prevented. If your child was born with a medical condition that could have been prevented and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if your child's condition is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. Depending on the severity of your child's condition your legal counsel will also be able calculate the total cost of associated medical bills that are eligible for compensation.

While the majority of these cases are not the result of medical negligence there are instances where a doctor was negligent during or prior to labor and birth. A doctor could incorrectly prescribe a medication that harms a baby before it is born, or make an error during surgery.

Our birth defect lawyers have successfully pursued claims in which a mother’s health care provider was exposed to prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers to hazardous substances when they work.