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Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's impossible. When this happens, it's essential that parents who are stunned seek the assistance of a seasoned birth defect lawyers.

Birth injuries and birth defect attorney defects 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 get answers.

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of care in his or her field. This may include failing to perform prenatal screening or prescribing medications which increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries are usually the result of genetic and environmental causes, however sometimes they are the result of medical negligence or malpractice. For instance when a doctor fails to detect the presence of a congenital defect in utero and then fails to notify the parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifetime expenses associated with the handicapped child.

In order to prevail in a medical malpractice case in birth defects the plaintiff must show that the doctor owed a duty of care to the patient, and that he violated that duty, that his actions or lack of action directly triggered damages and injuries and that he or she suffered economic and noneconomic damage from the injuries. These damages might include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the required tests and monitoring. If you believe that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects can be of various severity and impact the way the child behaves, looks and performs. Some are minor and others can lead to serious issues that could be fatal.

Birth defects can be caused by genetic abnormalities or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for instance, can cause serious complications in babies. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.

In scientific literature, it is well-established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn child. These toxins are known as teratogenic. Exposure to these 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 an array of harmful chemicals when they are at work. These chemicals can be ingested or inhaled through the skin of the body. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. Parents may also be exposed to these poisons when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, environmental exposure can also be a significant factor. The presence of a variety of chemical compounds and toxins in the workplace, at home and in food can increase the risk of developing birth defects. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is nearly always inevitable. However, if companies fail to protect pregnant workers they're negligent and could be held responsible.

Researchers are still unable to pinpoint the exact cause of a birth defect. It could be that an interaction with multiple factors could trigger the problem, but the issue is evaluating the interactions in real-time. The National Children's Study is important since it is currently in process in a number of states. The NCS will enroll 100,000 women from representative populations and will follow their progress over time as well as their children. This study will provide the most comprehensive data on how environmental factors affect the health of children and fetuses.

Many parents who have a birth defect in their child feel guilty believing that they are responsible for it. However, these defects are usually inevitable. Our birth defect lawyers understand this and are committed to helping families who have children with birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical issue that could have been avoided and prevented, you could be able to recover damages in lawsuits for birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's illness was caused by chemical exposure, a medication or any other environmental cause that could be eligible for compensation. Your legal team can calculate the total cost of medical expenses associated with your child's condition according to the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are cases where a healthcare worker has been negligent before or during labor and birth. A doctor might incorrectly prescribe a medication that harms an infant before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child with a birth defect. We also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals at work, such as a paint factory or semiconductor manufacturing companies.