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 injuries and birth defects can result from medical malpractice, drugs that are dangerous and exposure to environmental factors. A New York birth defects law firm can assist.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in his or her region, it's deemed medical malpractice. This could mean failing to perform routine prenatal tests and prescribing a medication that increases the chance of having a birth defect, or making a mistake during the birth and delivery.

Birth defects and birth injury are usually caused by environmental and genetic factors but they can also be a result of the negligence of a doctor. For example in the event that a physician fails to detect a congenital disability in utero and then fails to notify the parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician had a duty to the patient of care, that the doctor violated that duty, the doctor's actions or failure to act directly led to injuries and damages, and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical bills, lost wages and emotional distress.

Some birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy, so it's vital for pregnant women adhere to their doctor's advice about prenatal visits. If you believe that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

Every year, thousands of children are born with a type of birth defect in the United States. These defects vary in severity and impact the how a child appears and behaves throughout life. Some are minor, whereas others can cause serious problems and even lead to death.

Birth defects can result from genetic anomalies or a range of chemcial or environmental factors. For instance exposure to toxic chemicals could cause serious complications for a newborn. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful chemicals or medications.

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

While they are working, mothers are exposed a variety of harmful chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents may also be exposed toxins when they are consuming certain prescription and firm over-the counter drugs. Many pharmaceuticals have not been properly tested on pregnant women and may 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 in the workplace, at home and in food can increase the risk of birth defects. These include fungicides, pesticides and lead, as well as heavy metals, certain paints and other chemical substances. Exposure to toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to determine the specific cause of a birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the problem is assessing the effects of these interactions in real time. The National Children's Study is important because it is now underway across several states. The NCS will enroll 100,000 women from representative population and track them over time as well as their children. This study will provide the most comprehensive information to date on how different environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child are resentful and believe that they contributed to it. But, these problems are usually unavoidable. Our birth defect lawyers are aware of this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, many of these issues can be prevented. If your child was born with a medical condition that could have been prevented or prevented, you could be entitled to claim damages through 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 chemical exposure, a drug or other environmental factor which is eligible for compensation. Based on the severity of your child's illness your legal team will also be able calculate the full cost of the associated medical bills that are qualified for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are some instances where a doctor or healthcare professional has been negligent before or during labor and birth. A physician may incorrectly prescribe a medicine that hurts an infant before it is born, or make an error during surgery.

Our birth defect lawyers have successfully defended allegations that a mother's health care provider was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she would give birth to a child with birth defects. We also have brought birth defect lawsuits against semiconductor and paint factories which expose their employees to dangerous chemicals in the workplace.