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Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes impossible. If that happens it is crucial that parents who are in shock seek the assistance of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in his or her area, it is 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 making a mistake during labor and birth.

Birth defects and birth injuries are typically caused by genetic and environmental factors, but sometimes they occur due to the negligence or malpractice of a doctor. For example the case where a doctor fails to recognize a congenital disorder in the uterus and fails to notify parents of this disability, the parents can pursue a wrongful birth defect law firm lawsuit seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the doctor violated this duty, the doctor's actions or failure to act directly caused injuries and damages, and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages could include medical bills as well as lost wages and emotional distress.

Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to adhere to their doctor's advice about prenatal visits. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These birth defects are of various degrees and impact the way children behave, appear and functions. Some are minor and others can lead to serious issues that could be fatal.

Birth problems can be caused by genetic anomalies or a range of chemcial and environmental causes. Exposure to harmful chemicals, for instance could cause serious problems in the infant. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.

It is well-established in scientific research that certain toxins as well as chemicals can enter the placenta, affecting the unborn baby. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as the cleft palate and lips as well as spina Bifida and muscular dystrophy.

While they are working, many mothers are exposed to a variety of harmful chemicals. These chemicals can be ingested, inhaled or absorbed through the body's skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE), which are used in the manufacturing of semiconductors. These contaminants can also be ingested by parents when they take certain prescription and over-the-counter drugs. Many drugs have not been adequately tested on pregnant women and have resulted in 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 cause. A variety of toxins and chemicals found in our homes or workplace could increase the chances of having a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints and other chemical compounds. Exposure to toxic substances is almost always inevitable. However, when companies do not take precautions to protect pregnant employees, they are negligent and can be held responsible.

Researchers are still trying to determine the root of the birth defect. It is possible that a combination of factors can cause the condition. The problem is to assess the interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from representative populations and will follow them over time as well as their children. This study will provide comprehensive data on how environmental factors affect fetal and childhood health.

Many parents suffering from a child's birth defect feel guilty that they may have contributed to the disorder, but it is often the case that these types of defects are not a choice. Our birth defect lawyers know this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be cured. If your child was diagnosed with a medical issue that could have been prevented, you may be able to seek compensation through a lawsuit for birth defects.

A New York birth defect lawyer can assist you determine whether your child's illness is caused by a medication, chemical exposure or other environmental factor that could be eligible for compensation. The legal team of your lawyer can estimate the total cost of medical expenses related to your child's condition according to the severity.

While the vast majority of birth defects are not caused by medical negligence, there are instances in which a doctor or healthcare worker is negligent before or during labor and birth. A doctor could prescribe a medication that causes harm to a baby even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers in cases where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her having a child with a birth defect. We have also filed birth defect lawsuits against semiconductor and paint factories who expose their workers to harmful chemicals at work.