Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes impossible. If that happens it is vital that parents in shock seek the help of seasoned birth defect lawyers.

Birth injuries and birth defects could be caused by medical negligence, drugs that are dangerous and exposure to environmental factors. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a physician is in violation of the accepted standard of care in his or her field. This could mean failing to conduct prenatal testing, prescribing medications that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries can be due to genetic and environmental causes, but occasionally they are caused by medical negligence or malpractice. If a doctor fails to detect congenital disabilities during pregnancy, and then fails not to inform parents that their child is disabled, parents may be legally able to file a case for wrongful birth seeking compensation for all the costs for their child's disabilities.

A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's negligence or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic damages as a result of the injuries. These damages could include expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to adhere to their doctor's advice about prenatal visits. If you believe that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect in the United States. These birth defects can range in severity and affect the manner in which a child looks, acts and functions in life. Some are minor while others can cause serious problems that may be fatal.

The causes of birth defects can be attributed to genetic defects or a range of chemical and environmental factors. Exposure to harmful chemicals, for instance can trigger serious complications in babies. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or drugs.

In scientific literature, it is established that certain chemicals and toxins can traverse the placenta to affect the unborn child. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects such as the cleft palate, lips and spina bifida.

While they are working, mothers are exposed a variety of harmful chemicals. These chemicals can be ingested, inhaled or absorbed into the skin of the body. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the manufacture of semiconductors. These toxic substances can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's not the only one. Numerous different chemicals and toxins found in the home workplace, food and work environment could increase the chances 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 these toxins is almost always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It could be that an interaction between a variety of factors could cause the condition, but the challenge is assessing these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from representative population and follow them over time, as well as their children. This study will provide the most comprehensive data to date about how different environmental factors impact fetal as well as child health.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the disorder, but it's often the case that these types of defects are a given. Our birth defect lawyers are aware of this and are committed to helping families seek justice for children who suffer from birth defects.

Product Liability

Birth problems are caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be avoided. If your child was diagnosed with a medical condition that could have been avoided, you may be able to seek compensation through a lawsuit involving birth defects.

A New York birth defect attorney will be able help you determine if your child's problem is due to an underlying chemical, medication or environmental exposure that qualifies for compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness depending on the severity.

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

Our birth defect lawyers have successfully brought lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child developing birth defect. We have also filed birth defect lawsuits against semiconductor and paint factories which expose their employees to toxic chemicals while in the workplace.