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Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's not feasible. When that happens it is vital that parents in shock seek the help 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 help.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in his or her field, it's considered medical malpractice. This could mean failing to perform prenatal screening and prescribing medicines which increase the chance of birth defects or committing an error during labor and delivery.

Birth birth defects and birth defect attorney injuries can be due to genetic and environmental factors, but sometimes they are caused by a doctor's negligence or malpractice. For instance in the event that a physician fails to recognize an inborn disability and then fails to notify parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty 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 was harmed economically and non-economically as a result of the injuries. These damages could include medical expenses, lost wages and emotional stress.

Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' recommendations about prenatal visits. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can vary in severity and affect the how a child appears and behaves throughout life. Some are minor, while others can lead to serious issues that could be fatal.

The reasons for a child's birth defects may be due to genetic anomalies or a wide variety of chemical and environmental factors. Exposure to toxic chemicals, for example causes serious complications in babies. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in scientific literature that certain toxins and chemicals can cross the placenta to affect the unborn baby. These chemicals are referred to as teratogenic. The exposure to these chemicals can cause birth defects like Cleft lips and palates as well as spina bifida, and muscular dystrophy.

While they are working, mothers are exposed to a range of harmful chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors can also be a significant factor. Many different chemicals and toxins that are present in the home, workplace and food could increase the chances of having a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, some paints and other chemical compounds. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still trying to determine the exact cause of a birth defect. It could be that a combination of factors may cause the condition. The challenge is to evaluate these interactions in real time. The National Children's Study is important since it is currently in process in a variety of states. The NCS will enroll 100 women from the representative population and will follow them and their children over the long run. This study will provide the most comprehensive information to date on how many environmental factors affect fetal and child health.

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

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. However, many of these causes can be avoided. If your child was born with a medical issue that could have been prevented and you are 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 illness was caused by chemical exposure, a drug or other environmental trigger which is eligible for compensation. Your legal team will calculate the total cost of medical expenses related to your child's condition depending on the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are some instances where a healthcare professional has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medication which harms an infant before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies in which a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her child developing birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers harmful chemicals in the workplace.