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Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's not possible. If that happens, it is essential that parents in shock seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of care in his or her field. This might involve failing to perform routine prenatal tests, prescribing medication that increases the likelihood of a birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries are usually the result of environmental and genetic factors, but they can also be the result of a doctor's negligence. For instance, if a physician does not recognize a congenital disorder in the uterus and fails to inform the parents of this disability, the parents may bring a wrongful birth claim seeking compensation for all the lifetime costs associated with the disabled child.

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

Certain birth defects and injuries are preventable by prompt testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' recommendations about prenatal visits. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These birth defects can be of various severity and affect the way that children behave, look and functions. Some are minor while others can cause serious issues and can even be fatal.

Birth defects can result from genetic abnormalities or a variety of chemcial or environmental factors. Exposure to harmful chemicals, for instance, can cause serious complications in the infant. Our firm is determined to hold employers accountable for exposed pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in scientific research that certain toxins and chemicals can pass through the placenta to affect the unborn baby. These toxins are referred to as teratogenic. Exposure to these chemicals can cause birth defects like Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed various toxic chemicals while they are at work. These chemicals can be ingested, inhaled or absorbed through the body's skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents may also be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. Many drugs have not been properly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only reason. The presence of various chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints, and many other chemical compounds. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still trying to find the specific cause of a birth defect. It is possible that an interaction between several factors can cause the condition, but the challenge is assessing the interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from a variety of populations and follow them and their children for the long-term. This study will provide the most complete data to date about how a variety of environmental factors affect fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the condition, however it's usually the case that these kinds of defects are unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families who have children with birth defects.

Product Liability

Birth problems can be caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to recover damages in a lawsuit involving birth defects.

A New York birth defect attorney can help you determine if your child's problem is due to a medication, chemical or environmental exposure that is eligible for compensation. Depending on the severity of your child's condition your legal counsel will be able to estimate the full cost of the medical bills that are admissible for compensation.

While the majority of cases are not caused due to medical negligence however, there have been instances where a doctor was negligent during or before labor and delivery. A doctor could prescribe a medication in a way that harms a baby even before the birth, or make an error in surgery.

Our birth defect lawyers have successfully defended claims against drug manufacturers in which a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child being born with birth defect. We have also brought birth defect lawsuits against companies that expose workers to dangerous substances on the job, such as a paint factory or semiconductor manufacturing company.