Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's impossible. When that becomes a reality it is vital that parents who are in shock seek the help of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a physician is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to perform routine prenatal tests or prescribing medication that increases the chance of having a birth defect or making a mistake during labor and birth.

Birth birth defects and birth injuries are usually due to genetic and environmental causes, but occasionally they are the result of medical negligence or malpractice. If a physician fails to detect congenital defects in utero and fails to inform parents of the problem, the parents may be legally able to file a case for compensation due to a birth defect for all the costs for their child's disabilities.

A successful medical malpractice claim in birth defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the physician did not fulfill this duty, that the doctor's actions or inability to act directly caused injuries and damages, and that the victim suffered economic and non-economic damages due to his or her injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Some birth defects and injuries are preventable by timely testing and monitoring during pregnancy, so it's important for pregnant women to adhere to their doctor's recommendations about prenatal visits. If you suspect that medical negligence caused the birth defect of your child seek out a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects may be of different severity and affect the way that the child behaves, looks and performs. Some are minor and others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic defects or a range of chemcial or environmental factors. For instance exposure to toxic chemicals can cause serious problems for a newborn. Our company is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful drugs or substances.

In scientific literature, it is established that certain chemicals and toxins can cross the placenta to affect the unborn child. These toxins are called teratogenic. These teratogenic chemicals may cause birth defects such as lip clefts, palates, and spina bifida.

Many mothers are exposed a wide variety of toxic chemicals while they are working. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) that are used in the fabrication of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. Many medications have not been tested properly on pregnant woman and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors is also a major factor. A variety of toxins and chemicals found in the home or workplace can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, birth defect it is negligence and they can be held accountable.

Researchers are still trying to determine the precise cause of a birth defect. It is possible that a combination with multiple factors could trigger the problem, but the issue is evaluating 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 their progress over time, as well as their children. This study will provide the most comprehensive data available on how a variety of environmental factors impact fetal as well as child health.

Many parents who are suffering from a birth defect in their child feel guilty that they somehow contributed to the condition, but it is the norm that these kinds of issues are a given. Our birth defect lawyers are aware of this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. However, many of these causes are preventable. If your child was diagnosed with a medical condition which could have been avoided it is possible to recover damages in a lawsuit for birth defects.

A New York birth defect lawyer can assist you determine if your child's illness is caused by chemical exposure, a medication or any other environmental cause that could be eligible for compensation. Your legal team will calculate the total cost of medical bills related to your child's condition in relation to the severity.

While the majority of cases are not due to medical negligence There have been instances where doctors have been negligent prior to or during labor and delivery. A doctor may prescribe a medication that harms the baby before it is born, or make an error during surgery.

Our birth defect lawyers have successfully pursued cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her having a child born with birth defects. We have also brought birth defect lawsuits against semiconductor and paint factories that expose their workers harmful chemicals at work.