Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's impossible. When this happens, it's crucial that parents who are shocked seek the assistance of a seasoned birth defects lawyers.

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

Medical Malpractice

When a doctor fails follow the accepted standard of practice in his or her area, it is deemed medical malpractice. This could mean failing to perform routine prenatal tests or prescribing medication that increases the likelihood of birth defect, or making a mistake during labor and birth.

Birth birth defects and birth injuries are usually caused by genetic or environmental causes, however sometimes they arise due to medical negligence or malpractice. If a doctor fails detect congenital defects in utero and fails to notify parents they may be in a position to file a lawsuit for compensation due to a birth defect for all costs that are associated with their disabled 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 actions or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damage due to the injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to follow their doctors' advice regarding their prenatal visits. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with a type of birth defect in the United States. These defects are of various degrees and impact the way the child behaves, looks and functions. Some are minor, while others can cause serious problems and can even be fatal.

Birth problems can be caused by genetic anomalies or a range of chemcial and environmental causes. Exposure to toxic chemicals, for example causes serious complications in the newborn. 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 the scientific research that certain toxins and chemicals can enter the placenta and affect an unborn baby. These chemicals are teratogenic. Teratogenic chemicals can cause birth defects such as lips, palates, and clefts as well as spina bifida.

While they are working, mothers are exposed a variety of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) that are used in the production of semiconductors. Parents can also be exposed toxins when they are consuming certain prescription and over-the counter drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only reason. Many different chemicals and toxins found in the home workplace, food and work environment can increase the risk of having a birth defect. These include fungicides, pesticides, lead, heavy metals, some paints and other chemical substances. Exposure to these toxins is usually unavoidable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to determine the exact cause of a birth defect. It is possible that a variety of factors may cause the condition. The trick is to analyze the effects of these factors in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enrol 100,000 women from a variety of populations and monitor them and their children over the long run. This study will provide the most comprehensive data on how environmental factors impact the health of children and fetuses.

Many parents who are suffering from a child's birth defect are resentful that they have contributed to the disorder, but it is often the case that these types of defects are a given. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol consumption during pregnancy to genes. However, many of these causes are preventable. If your child was born with a medical condition that could have been avoided and you are entitled to claim damages through an action for birth defects.

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

Although the vast majority of birth injuries are not due to medical negligence there are instances where a doctor has been negligent prior to or during labor and birth. A doctor could prescribe a medicine incorrectly, which can harm a baby before birth, or may make an error in surgery.

Our birth defect attorneys have successfully defended cases where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chances that she will give birth to a child with birth defect law firms defects. We have also filed birth defect lawsuits against companies who expose workers to hazardous substances while working, such as a paint factory or semiconductor manufacturing company.