Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not feasible. When that becomes a reality it is crucial for parents to seek the help of seasoned birth defect lawyers.

Birth defects and injuries can be caused by medical negligence or drugs that pose a risk and exposure to environmental factors. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of care in his or her area of expertise. This may include failing to perform prenatal testing or prescribing medications that increase the likelihood of birth defects or making a mistake during labor or delivery.

Birth defects and birth injuries are often caused by genetic and environmental causes, but occasionally they are caused by an error or negligence of a physician. If a doctor fails detect congenital problems in utero, and then fails not to notify parents they may be able to file a claim for wrongful birth seeking compensation for all expenses associated with their disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the physician violated that duty, the doctor's actions or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damages due to his or her injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth defects and injuries are preventable by timely testing and monitoring during pregnancy, which is why it's vital for pregnant women adhere to their doctor's recommendations about prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with a type of birth defect in the United States. These defects can vary in severity and affect the way a child looks and behaves throughout life. Some are minor, but others can cause serious issues and can even be fatal.

Birth problems can be caused by genetic abnormalities or a variety of chemcial or environmental factors. Exposure to harmful chemicals, for example can trigger serious complications in the infant. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or drugs.

In the scientific literature, it is established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These toxins are called teratogenic. Exposure to these teratogenic chemicals can cause birth defects, such as the cleft palate and lips as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals while at work. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents can be exposed to these toxins when they are consuming certain over-the-counter and prescription drugs. This is due to the fact that many drugs are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defect law firms defects. Genetic disorders are a common cause, but it's not the only reason. A variety of toxins and chemicals found in the home workplace, food and work environment can increase the risk of having a birth defect. These include pesticides, fungicides and lead, as well as heavy metals, some paints and various chemical substances. Exposure to these toxic substances is often inevitable. But, when businesses do not take precautions to protect pregnant employees, they are negligent and could be held responsible.

Researchers are still unable to pinpoint exactly what causes a particular birth defect. It could be that an interaction between multiple factors may cause the condition, but the problem is assessing 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 100,000 women from diverse populations and will follow them and their children for the long run. This study will provide the most complete data available on how different environmental factors influence fetal and child health.

Many parents who have a birth defect in their child are resentful, believing that they contributed to it. But, these problems are often unavoidable. Our birth defect lawyers recognize this and are dedicated to families seeking justice for lawyers children suffering from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical condition that could have been prevented, you may be entitled to claim damages in a birth defect lawsuit.

A New York birth defect lawyer can help you determine whether your child's condition is the result of chemical exposure, a medication or any other environmental cause that is a reason to seek compensation. Based on the severity of your child's illness your legal counsel will also be able calculate the total cost of associated medical bills that are suitable for compensation.

While the majority of cases are not caused due to medical negligence, lawyers there have been cases in which a doctor was negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medication which harms the baby before it's born, or they may commit a mistake during surgery.

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