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Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not possible. When that becomes a reality it is imperative that stunned parents seek the help of seasoned birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of care in his or her field. This may include failing to perform prenatal screening and prescribing medicines that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth birth defects and birth injuries can be caused by genetic or environmental factors, but sometimes they occur due to the negligence or malpractice of a doctor. For instance when a doctor does not recognize a congenital disability in utero and fails to notify the parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifetime costs associated with the disabled child.

In order to win a medical malpractice claim in birth defects the plaintiff has to prove that the doctor owed a breach of duty to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly caused damages and injuries, and that the patient was a victim of economic and non-economic damages as a result of the injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

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

The reasons for a child's birth defects could be due to genetic abnormalities or a variety of environmental and chemical factors. For example exposure to toxic chemicals could cause serious health issues for newborns. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn children to harmful substances or medications.

In scientific literature, it has been established that certain chemicals and toxins can traverse the placenta and affect an unborn child. These toxins are known as teratogenic. Exposure to these chemicals can cause birth defects, such as Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed an array of toxic chemicals when they are at work. These chemicals can be ingested or inhaled, or absorbed by the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents who take certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of a variety of chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and other chemical substances. Exposure to toxic substances is almost always inevitable. However, when employers fail to safeguard pregnant employees, they're negligent and may be held responsible.

Researchers are still unable to identify the exact cause of the specific birth defect. It could be that a combination of factors can trigger the condition. The trick is to analyze these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from a representative population and follow them over time as well as their children. This study will provide the most complete data to date on how different environmental factors impact fetal and child health.

Many parents who have a birth defect in their child feel guilty because they believe they were responsible for the defect. However, these birth defects are not always preventable. Our birth defect lawyers recognize this and are committed to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was born with a medical issue that could have been prevented or prevented, you could be entitled to recover damages through an action for birth defects.

A New York birth defect law firms defect lawyer will be able to assist you determine if your child's condition was caused by chemical exposure, a drug or another environmental trigger that is eligible for compensation. Based on the degree of your child's illness your legal counsel will also be able to calculate the total cost of medical bills suitable for compensation.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases in which a doctor or healthcare worker is negligent prior to or during labor and birth. A doctor may prescribe a medicine incorrectly, which harms a baby even before birth, or make an error during surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her child developing birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to dangerous chemicals when they work.