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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's impossible. When that happens it is vital that parents in shock seek the help of experienced birth defect lawyers.

Medical negligence, 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 get answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of medical care in their field. This could include failing to conduct routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect or making a mistake during the labor and delivery.

Birth defects and birth injuries are usually due to genetic and environmental factors, but sometimes they arise due to medical negligence or malpractice. For instance when a doctor is unable to identify the presence of a congenital defect in utero and fails to inform the parents of this condition, parents may pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses associated with the disabled 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 caused injuries and damages, and that the victim suffered economic and non-economic damages due to the injuries. These damages may include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth defects and injuries are preventable by prompt testing and monitoring during pregnancy, which is why it's important for pregnant women to follow their doctors' advice regarding prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, consult 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 affect how a child appears, behaves and performs in life. Some are minor, but others can lead to serious issues that could be fatal.

The causes of birth defects can stem from genetic defects or a variety of environmental and chemical factors. Exposure to toxic chemicals, for instance, can cause serious complications in babies. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in the scientific research that certain toxins and chemicals can cross the placenta and affect the unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals could cause birth defects, such as the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.

While working, many mothers are exposed of harmful chemicals. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents can also be exposed chemicals when they consume certain prescription and over-the-counter drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure is also a major factor. Many different chemicals and toxins found in the home workplace, food and work environment could increase the chances of having a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints, and other chemical compounds. Exposure to these toxins is usually unavoidable. However, if companies do not take precautions to protect pregnant employees they're negligent and may be held accountable.

Researchers are still unable determine exactly what causes a specific birth defect. It is possible that a mix of factors can trigger the condition. The next step is to analyze these interactions in real-time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100,000 women from a representative population and track them throughout their lives and their children. This study will provide the most comprehensive data to date on how many environmental factors impact fetal as well as child health.

Many parents suffering from a child's birth defect feel guilty for having contributed to the problem, but it's usually the case that these types of defects are a given. Our birth defect lawyers are aware of this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical condition that could have been avoided or prevented, you could be entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine if your child's condition is the result of chemical exposure, a drug or another environmental trigger that is eligible for compensation. Based on the severity of your child's condition, your legal team will be able to estimate the total cost of medical bills suitable for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are instances where a healthcare worker was negligent prior to or during labor and delivery. A doctor may prescribe a medication that harms a baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully brought cases against drug companies when a mother's medical care provider has been exposed to prescription medication or toxic chemicals that increase the chance of her child developing a birth defect. We have also filed birth defect lawsuits against companies that expose their workers to dangerous substances in the workplace in a paint factory or semiconductor manufacturing company.