Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not possible. If that happens it is imperative that stunned parents seek out the assistance of skilled birth defect lawyers.

Birth problems and injuries can be caused by medical negligence and drugs that are harmful and exposure to environmental factors. A New York birth defect law firm can help you get answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their area, it is considered medical malpractice. This may include failing to perform prenatal screening or prescribing drugs which increase the chance of birth defects, or making an error during labor and birth.

Birth defects and birth injuries can be the result of genetic and environmental causes, however sometimes they arise due to a doctor's negligence or malpractice. For example, if a physician fails to detect a congenital disorder in the uterus and fails to notify parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses associated with the handicapped child.

To win a medical malpractice lawsuit in birth defects, the plaintiff must prove that the doctor was in breach of a duty of duty to the patient, and that he violated this duty, that his actions or lack of action directly resulted in injuries and damages and that the plaintiff suffered economic and noneconomic damage as a result of 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 crucial to ensure that pregnant women receive the proper tests and monitoring. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These defects may be of different severity and impact the way children behave, look and performs. Some are minor while others can lead to serious issues that could be fatal.

Birth birth defects can be caused by genetic anomalies or a range of chemcial and environmental causes. For instance, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in scientific studies that certain toxicants and chemicals can enter the placenta and harm the unborn baby. These toxins are called teratogenic. Exposure to these teratogenic chemicals could cause birth defects, such as the cleft lip and palate, spina bifida and muscular dystrophy.

While they are working, many mothers are exposed of toxic chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. These toxic substances can also be consumed by parents while they are taking certain over-the counter and prescription drugs. This is because a lot of pharmaceuticals are not properly 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, environmental exposure can also play a role. The presence of many different chemicals and toxins at the workplace, at home and in food can increase the risk of birth defects. These include fungicides, pesticides lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is almost always inevitable. However, when employers fail to protect pregnant workers, they're negligent and could be held responsible.

Researchers aren't able to identify the exact cause of a particular birth defect. It is possible that a combination between a variety of factors could cause the condition, but the difficulty is assessing these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from representative population and follow them throughout their lives, as well as their children. This study will provide complete information on how environmental factors impact the health of infants and children.

Many parents who have a birth defect in their child are resentful because they believe they caused it. However, these birth defects are not always preventable. Our birth defect lawyers recognize this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Birth problems can be caused by many causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was born with a medical condition that could have been prevented, you may be entitled to claim damages in an action for birth defects.

A New York birth defect lawyer can help you determine if your child's illness is caused by an exposure to chemicals, medication or any other environmental cause that is eligible for compensation. Based 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 qualified for compensation.

Although the majority of birth defect lawsuit defects aren't caused due to medical negligence, there are cases where a doctor or healthcare worker was negligent before or during labor and birth. A doctor might incorrectly prescribe a medication that harms the baby before it's born, or commit a mistake during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in which a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child developing a birth defect. We have also brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers to hazardous substances in the workplace.