Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's not possible. When this happens, it's essential parents who are shocked seek out the help of experienced birth defects lawyers.

Birth injuries and birth defects can be caused by medical negligence and dangerous drugs as well as exposure to environmental hazards. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in their region, it's deemed medical malpractice. This might involve failing to perform routine prenatal testing and prescribing a medication that increases the risk of a birth defect or committing a lapse during labor and birth.

Birth defects and birth injury are usually caused by environmental and genetic factors but they can also be a result of an error by a doctor. For example in the event that a physician is unable to identify an inborn disability and fails to notify the parents of this impairment, parents can file a wrongful birth claim seeking compensation for the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the physician breached this duty, that the doctor's actions or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include medical bills or lost wages, as well emotional stress.

Some birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. It's important for pregnant women to follow their doctors' recommendations about prenatal visits. If you believe that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects vary in severity and impact manner in which a child looks and behaves in life. Some are minor and others can lead to serious issues that could be fatal.

Birth defects can be caused by genetic defects or a range of environmental and chemcial factors. For instance, exposure to toxic chemicals could cause serious complications for a newborn. Our company is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta to affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects such as cleft lips, palates and spina Bifida.

While working, many mothers are exposed of toxic chemicals. These chemicals can be ingested or inhaled, or absorbed by the body's skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) which are used in the fabrication of semiconductors. Parents can also be exposed toxic substances when they consume certain prescription and over-the-counter drugs. Many pharmaceuticals have not been adequately tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, environmental exposure is also a major factor. A variety of toxins and chemicals found in the home as well as in food items could increase the chances of a birth defect. Pesticides and fungicides are among the most frequent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to these toxic substances is usually unavoidable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the precise cause of a birth defect. It could be that an interaction with multiple factors could trigger the condition, but the problem is assessing these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from a variety of populations and monitor them and their children over the long-term. This study will provide the most comprehensive data to date on how various environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt because they believe they were responsible for the defect. However, these defects are often unavoidable. Our birth defect lawyers know this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided it is possible to claim damages in a lawsuit involving birth defects.

A New York birth defect attorney can assist you to determine if your child's illness is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team will calculate the total cost of medical expenses for your child's condition based on the severity.

While the majority of these cases are not the result of medical negligence however, there have been instances where doctors have been negligent during or before labor and delivery. A doctor may prescribe a medicine that hurts a baby before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child with a birth defect. We have also filed birth defect lawsuits against companies that expose employees to dangerous substances on the job, such as a paint factory or semiconductor manufacturing company.