Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's impossible. When this happens, it's important parents who are shocked seek the help of experienced birth defect 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 (official source) can provide answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their area, it is considered medical malpractice. This could include failing to conduct prenatal testing and prescribing medicines that increase the risk of birth defects, or making an error during labor and birth.

Birth defects and birth injuries are usually caused by genetic and environmental causes, but sometimes they occur due to a doctor's negligence or malpractice. If a physician fails to detect congenital disabilities in utero and fails to inform parents they may be eligible to file a claim for wrongful birth seeking compensation for all costs related to their child's disability.

To win a medical malpractice claim in birth defect cases, the plaintiff must prove that the doctor owed a duty of duty to the patient, that he failed to fulfill that duty, that his actions or inaction action directly triggered damages and injuries, and that the plaintiff was a victim of economic and non-economic damages because of the injuries. These damages could include medical expenses or lost wages, as well emotional distress.

Some birth defects and injuries are preventable by timely testing and monitoring during pregnancy, so it's crucial for pregnant women to adhere to their doctor's recommendations regarding prenatal appointments. If you suspect that your child's birth defect is the result of 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 affect way 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 can be attributed to genetic defects or a variety of chemical and environmental factors. Exposure to harmful chemicals, for instance could cause serious problems in a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful substances or medications.

In scientific literature, it is well-established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn child. These toxins are teratogenic. These teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina Bifida.

Many mothers are exposed an array of harmful chemicals when they are at work. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents may also be exposed toxic substances when they consume certain prescription and over-the counter drugs. Many drugs have not been tested properly on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also play a role. Many different chemicals and toxins that are found in the home, workplace and food can increase the likelihood of a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. But, when businesses fail to protect pregnant employees, they're negligent and could be held responsible.

Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that a combination of factors can cause the condition. The trick is to assess these interactions in real-time. The National Children's Study is important because it is now underway in a variety of states. The NCS will enroll 100 women from the representative population and follow them and their children over the long term. This study will provide the most comprehensive data available on how a variety of environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child are resentful believing that they are responsible for it. However, these defects are usually unavoidable. Our birth defect lawyers are aware of this and are dedicated in helping families with children with birth defects.

Product Liability

Birth problems are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genes. However, many of these causes can be prevented. If your child was diagnosed with a medical condition which could have been avoided it is possible to recover damages in an action for birth defects.

A New York birth defect lawyer will be able to assist you determine if your child's illness was caused by chemical exposure, a medication or another environmental trigger which is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness in relation to the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are some instances where a healthcare worker was negligent prior to or during labor and delivery. A doctor might prescribe a medication incorrectly that harms a baby even before birth, or make an error in surgery.

Our birth defect attorneys have successfully pursued claims in which a mother’s health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she will give birth to a child who has birth defects. We have also brought birth defect lawsuits against companies who expose workers to dangerous chemicals at work like a paint factory or semiconductor manufacturing company.