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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. When that happens, it is essential that parents who are in shock seek out the assistance of skilled 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 can provide answers.

Medical Malpractice

Medical negligence occurs 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 screening, prescribing medications that increase the likelihood of birth defects or making a mistake during labor or delivery.

Birth defects and birth injuries are usually the result of environmental and genetic factors but they can also be a result of the negligence of a doctor. For example the case where a doctor fails to recognize the presence of a congenital defect in utero and fails to notify parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses incurred by the disabled child.

To win a medical malpractice case in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of duty to the patient, that he failed to fulfill the duty, and that his actions or inaction action directly led to damage and injuries, and that the plaintiff suffered economic and non-economic losses as a result of the injuries. These damages could include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' recommendations regarding their prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

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

The causes of birth defects could be due to genetic abnormalities or a variety of chemical and environmental factors. For instance exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or drugs.

In scientific research, it is known that certain chemicals and toxins may traverse the placenta and affect an unborn child. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects like the cleft palate, lips and spina bifida.

While they are working, many mothers are exposed of harmful chemicals. These chemicals can be inhaled, inhaled or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) which are used in the production of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription and over-the-counter drugs. Many pharmaceuticals have not been tested properly on pregnant woman and have resulted in 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. The presence of a variety of chemicals and toxins in the workplace, at home and in food items can increase the risk of birth defects. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints and various chemical substances. Exposure to these toxins is almost 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 root of the birth defect. It is possible that a combination of factors could cause the condition. The problem is to assess 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 enroll 100,000 women from representative population and track them throughout their lives, as well as their children. This study will provide the most comprehensive information about how environmental factors affect fetal and childhood health.

Many parents suffering from a birth defect in their child feel guilty for having contributed to the condition, but it is often the case that these types of defects are unavoidable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was born with a medical issue that could have been prevented, you may be entitled to claim damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine if your child's condition is the result of an exposure to chemicals, medication or other environmental factor that is eligible for compensation. Your legal team will calculate the total cost of medical expenses related to your child's condition in relation to the severity.

Although the majority of birth defects aren't caused due to medical negligence, there are instances in which a doctor or healthcare worker was negligent prior to or during labor and delivery. A doctor might prescribe a medication that harms a baby even before birth, or may make an error in surgery.

Our birth defect attorneys have successfully prosecuted claims where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the chances that she would give birth to a baby with birth defects. We have also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals on the job in a paint factory or semiconductor manufacturing companies.