Birth Defect Lawsuits

Parents want their children perfect however sometimes it's impossible. If this happens, it's vital that parents who are stunned seek the help of experienced birth defects lawyers.

Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her field. This could include failing to perform routine prenatal tests and prescribing a medication that increases the likelihood of birth defect or making a mistake during the birth and delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors but they can also be the result of an error by a doctor. For example the case where a doctor does not recognize the presence of a congenital defect in utero and then fails to notify parents of the disability, the parents may file a wrongful birth claim seeking compensation for all the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the doctor breached this duty, that the doctor's negligence or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic losses due to the injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects can vary in severity and affect way a child looks and behaves throughout life. Some are minor, while others can cause serious problems that may be fatal.

The causes of a child's birth defects can be attributed to genetic abnormalities or a range of chemical and environmental factors. Exposure to harmful chemicals, for instance causes serious complications in the newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or medications.

In scientific research, it is known that certain chemicals and toxins may cross the placenta to affect an unborn child. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects like the cleft palate, lips and spina bifida.

Many mothers are exposed to various toxic chemicals when they are at work. These chemicals can be inhaled, inhaled or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription or over-the-counter medications. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of numerous chemicals and toxins in the workplace, at home and in food items can increase the risk of birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and many other chemical substances. Exposure to these toxins is usually unavoidable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers aren't able to pinpoint exactly what causes a specific birth defect. It could be that an interaction between several factors can 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 across several states. The NCS will enroll 100,000 women from a representative populations and will follow them over time and also their children. This study will provide most comprehensive information about how environmental factors affect the health of infants and children.

Many parents who suffer from a birth defect in their child are resentful and believe that they contributed to it. However, these issues are often unavoidable. Our birth defect attorneys are aware of this and are committed to helping families whose children are born who have birth defects.

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition that could have been prevented in the first place, you may be able to claim damages through an action for birth defects.

A New York birth defect lawyer can help you determine whether your child's condition was caused by an exposure to chemicals, medication or other environmental trigger that is a reason to seek compensation. Depending on the severity of your child's health condition the legal team will also be able to calculate the full cost of the associated medical expenses that are admissible for compensation.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases when a healthcare worker was negligent prior to or during labor and delivery. A doctor may prescribe a medication that harms a baby before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully litigated claims where a mother's health care provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she will give birth to a child suffering from birth defects. We have also brought birth defect lawsuits against companies that expose employees to dangerous substances on the job in a paint factory or semiconductor manufacturing companies.