Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's impossible. If this happens, it's crucial parents who are shocked seek the assistance of a 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 help you find answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her field. This could be due to not performing prenatal tests or prescribing medications which increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injury can be caused by environmental and genetic causes, however, they could also be the result of the negligence of a physician. If a doctor fails detect congenital disabilities during pregnancy, and then fails not to notify parents of the condition, parents might be legally able to file a case for compensation due to a birth defect for all the expenses for their child's disabilities.

To prevail in a medical malpractice claim in birth defect cases the plaintiff has to prove that the doctor owed a breach of care to the patient, that he breached this duty, that his actions or lack of action directly led to injuries and damages and that he or she suffered economic and non-economic losses due to the injuries. These damages could include medical bills and lost wages, as well as emotional distress.

Some birth injuries and defects can be prevented with timely testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' recommendations regarding their prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects can be of varying severity and impact the way the child behaves, looks and performs. Some are minor while others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic disorders or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for instance could cause serious problems in a newborn. Our firm is committed to holding employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

It is well-established in scientific research that certain toxins and chemicals can enter the placenta and harm an unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects, such as cleft lips, palates and spina Bifida.

Many mothers are exposed to various toxic chemicals while they are working. These chemicals can be consumed or inhaled through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. These chemicals can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. Many pharmaceuticals have not been properly tested on pregnant women and have led to birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only reason. Numerous different chemicals and toxins that are found in the home or workplace could increase the chances of having a birth defect. This includes fungicides, pesticides lead, heavy metals, some paints and various chemical substances. Exposure to these toxins is almost always inevitable. But, when businesses do not take precautions to protect pregnant employees they're negligent and may be held responsible.

Researchers have yet to pinpoint the root of the birth defect. It is possible that a variety of factors can trigger the condition. The trick is to analyze these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from representative population and monitor them throughout their lives as well as their children. This study will provide the most complete data available on how various environmental factors influence fetal and child health.

Many parents who have a birth defect in their child feel guilt, believing that they were responsible for the defect. But, these problems are often unavoidable. Our birth defect lawyers recognize this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol consumption 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 claim damages in an action for birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's condition was caused by a medication, chemical exposure or other environmental trigger that is a reason to seek compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness according to the severity.

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

Our birth defect attorneys have successfully defended claims in which a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she will give birth to a child suffering from birth defects. We also brought birth defect lawsuits against companies that expose workers to hazardous substances at work like a paint factory or semiconductor manufacturing companies.