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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not possible. If that happens it is vital that parents in shock seek the help of seasoned birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

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

Birth defects and birth injuries are often caused by genetic or environmental causes, however sometimes they arise due to medical negligence or malpractice. If a physician fails to detect congenital problems in utero, and then fails not to inform parents of the problem that their child is disabled, parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all the expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the physician violated that duty, the doctor's actions, or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic damage due to the injuries. These damages could include medical expenses and lost wages, as well as emotional stress.

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy, so it's crucial for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects may be of different severity and impact the way children behave, look and performs. Some are minor, but others can lead to serious problems that may 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 trigger serious complications in the infant. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or drugs.

It is well-established in scientific literature that certain toxins and chemicals can cross the placenta to affect the unborn baby. These chemicals are referred to as teratogenic. Teratogenic chemicals can cause birth defects like the cleft palate, lips and spina Bifida.

While they are working, many mothers are exposed to a range of toxic chemicals. These chemicals can be ingested or inhaled through the body's skin. These chemicals include industrial solvents such as EGE or ethylene glycol (EGE) used in the production of semiconductors. Parents may also be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, environmental exposure is also a major factor. The presence of a variety of toxins and chemical compounds in the home, at work and in food can increase the risk of birth defects. This includes fungicides and pesticides, lead, heavy metals, certain paints and other chemical substances. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers have yet to pinpoint the specific cause of a birth defect. It is possible that a mix of factors can trigger the condition. The challenge is to assess the interactions in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enrol 100 women from the representative population and will follow them and their children over the long term. This study will provide the most comprehensive information about the effects of environmental factors on fetal and childhood health.

Many parents who have a birth defect in their child feel guilty, believing that they caused it. However, these defects are not always preventable. Our birth defect lawyers understand this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes are preventable. If your child was diagnosed with a medical issue that could have been prevented, you may be able to seek compensation through a lawsuit involving birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's illness is caused by an exposure to chemicals, medication or other environmental trigger that is a reason to seek compensation. Based on the severity of your child's condition your legal counsel will be able to estimate the full cost of the associated medical expenses that are qualified for compensation.

While the vast majority of birth defects are not caused by medical negligence, there are cases where a healthcare professional has been negligent prior to or during labor and birth. A doctor may prescribe a medicine incorrectly, which can harm a baby before birth, or even make an error in surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies in which a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child born with birth defect. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to harmful chemicals in the workplace.