Birth Defect Lawsuits

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

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

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to conduct routine prenatal tests and prescribing a medication that increases the likelihood of birth defect or making a misstep during labor and birth.

Birth defects and birth injuries are usually the result of environmental and genetic factors, however, they could also be caused by an error by a doctor. If a doctor fails detect congenital disabilities in utero and fails to inform parents that their child is disabled, parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all costs associated with their disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the physician violated that duty, the doctor's actions or inability to act directly led to injuries and damages and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include medical expenses and lost wages, as well as emotional stress.

Certain birth injuries and defects can be prevented by timely testing and monitoring during pregnancy. It's essential for pregnant women to follow their doctors' advice about prenatal visits. If you believe that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These defects are of various degrees and affect the way that the child behaves, looks and performs. Some are minor, whereas others can cause serious issues and may even cause death.

The causes of a child's birth defects can stem from genetic abnormalities or a variety of chemical and environmental factors. Exposure to toxic chemicals, for example, can cause serious complications in a newborn. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or medications.

It is well-established in scientific studies that certain toxicants and chemicals can cross the placenta, affecting an unborn baby. These chemicals are teratogenic. The exposure to these teratogenic chemicals may cause birth defects like Cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to various toxic chemicals when they are at work. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These toxins can also be ingested by parents who take certain prescription and over-thecounter medicines. Many drugs have not been thoroughly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors is also a major cause. Numerous different chemicals and toxins that are present in the home or workplace can increase the likelihood of a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints, and various chemical substances. Exposure to toxic substances is nearly always inevitable. However, if companies fail to protect pregnant workers they are negligent and could be held responsible.

Researchers are still unable identify the exact cause of the birth defect in a specific way. It could be that an interaction with multiple factors could trigger the condition, but the difficulty is assessing the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from a representative populations and will follow them throughout their lives and their children. This study will provide most comprehensive data on the effects of environmental factors on the health of infants and children.

Many parents who have a birth defect in their child feel guilt and believe that they contributed to it. However, these defects are usually unavoidable. Our birth defect lawyers know this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to recover damages in a lawsuit for birth defects.

A New York birth defect attorney will be able to help you determine if the condition of your child is due to a medication, 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 based on 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 birth. A physician may incorrectly prescribe a medication that harms the baby before it's born, or they may make an error during surgery.

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