Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. When that becomes a reality it is imperative that parents who are in shock seek the help of seasoned birth defect lawyers.

Birth defects and injuries can result from medical malpractice and dangerous drugs 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 his or her field, it's considered medical malpractice. This could mean failing to conduct prenatal testing or prescribing medications that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth defects and birth injury are usually the result of genetic and environmental factors, however, they could also be caused by a doctor's negligence. For example in the event that a physician fails to detect a congenital disability in utero and then fails to notify parents of the disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses associated with the handicapped child.

To prevail in a medical malpractice case in birth defects the plaintiff must show that the doctor was bound by a duty of care to the patient, and that he did not fulfill the duty, and that his actions or inaction action directly resulted in damages and injuries and that the patient was a victim of economic and non-economic damages due to the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with a type of birth defect in the United States. These birth defects can be of various severity and impact the way the child behaves, looks and performs. Some are minor, while others can cause serious issues and can even be fatal.

Birth defects can be caused by genetic defects or a range of chemcial or environmental factors. Exposure to harmful chemicals, for instance, can cause serious complications in the infant. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful substances or medications.

In scientific literature, it has been established that certain chemicals and toxins may traverse the placenta to affect an unborn child. These chemicals are teratogenic. The exposure to these teratogenic chemicals can cause birth defects like the cleft lip and palate as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals while they are working. These chemicals can be ingested, inhaled or absorbed into the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) employed in the production of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription and over-thecounter medicines. Many medications have not been tested properly on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure can also be a significant factor. Many different toxins and chemicals that are present in the home as well as in food items can increase the likelihood of a birth defect. Pesticides and fungicides are among the most frequent. Paints, heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. But, when businesses do not take precautions to protect pregnant employees, they are negligent and could be held accountable.

Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that a combination of factors can cause the condition. The problem is to evaluate the effects of these factors in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enrol 100 women from the representative population as well as follow them and their children over the long run. This study will provide the most complete data available on how various environmental factors impact fetal and child health.

Many parents who have a birth defect in their child are resentful and believe that they are responsible for it. But, these problems are usually inevitable. Our birth defect lawyers know this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue that could have been avoided or birth defect law firm prevented, you could be entitled to claim damages through an action for birth defects.

A New York birth defect attorney can help you determine if your child's condition is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical bills associated with your child's condition according to the severity.

Although the majority of birth defects are not caused due to medical negligence, there are occasions in which a doctor or healthcare worker is negligent prior to or during labor and delivery. A doctor might prescribe a medication that could harm a baby, even before the birth, or make an error in surgery.

Our birth defect attorneys have successfully pursued allegations that a mother's health medical professional was exposed to prescription drugs or toxic chemicals which increased the chances that she could give birth to a child with birth defects. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to dangerous chemicals at work.