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Birth Defect Lawsuits

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

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their field, it's considered medical malpractice. It could be a failure to perform routine prenatal testing, prescribing medication that increases the risk of a birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries can be due to genetic and environmental causes, however sometimes they arise due to the negligence or malpractice of a doctor. For example in the event that a physician does not recognize the presence of a congenital defect in utero and then fails to notify parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases demands that the physician was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's negligence or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic damages due to his or her injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth defects and injuries are preventable by timely testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' advice regarding their prenatal visits. If you believe that your child's birth defect is due to 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 some form of birth defect in the United States. These defects can vary in severity and impact way that a child appears and behaves in life. Some are minor, while others can cause serious problems that may be fatal.

The causes of a child's birth defects could be due to genetic defects or a variety of environmental and chemical factors. Exposure to toxic chemicals, for example can trigger serious complications in the infant. Our firm is committed to holding employers accountable for the exposure of pregnant women and newborn babies to harmful substances or drugs.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta, affecting the unborn baby. These toxins are referred to as teratogenic. The exposure to these chemicals can cause birth defects like cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed an array of toxic chemicals when they are at work. They can be ingested, inhaled or absorbed into the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents can also be exposed to these toxins when they are consuming certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals 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 frequently cited causes of birth defects, exposure to environmental factors can also be a significant factor. Numerous different chemicals and toxins that are present in the home workplace, food and work environment can increase the risk of having a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is usually unavoidable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still unable pin down exactly what causes a specific birth defect. It is possible that a combination between a variety of factors could cause the condition, but the challenge is assessing the effects of these interactions 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 a representative population and follow their progress over time and their children. This study will provide the most comprehensive information to date on how a variety of environmental factors impact fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the condition, but it is the norm that these types of defects are not a choice. Our birth defect lawyers recognize this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was born with a medical condition which could have been prevented in the first place, you may be able to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine if your child's condition is the result of an exposure to chemicals, medication or any other environmental cause that is a reason to seek compensation. Depending on the severity of your child's health condition, your legal team will be able to estimate the full cost of the associated medical expenses that are admissible for compensation.

While the vast majority of birth defects are not caused by medical negligence, there are instances where a healthcare worker was negligent prior to or during labor and birth. A doctor might prescribe a medication in a way that harms a baby even before birth, or make an error in surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her child developing a birth defect. We have also brought birth defect lawsuits against companies that expose their workers to dangerous chemicals in the workplace in a paint factory or semiconductor manufacturing companies.