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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's not possible. When that happens, it is essential that parents who are in shock seek the help of seasoned birth defect lawyers.

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

Medical Malpractice

Medical negligence occurs when a doctor does not adhere to the accepted standards of care in his or her field. This could include failing to perform routine prenatal testing, prescribing medication that increases the likelihood of a birth defect or making a misstep during the birth and delivery.

Birth defects and birth injuries can be due to genetic and environmental causes, but occasionally they arise due to medical negligence or malpractice. For instance in the event that a physician fails to recognize the presence of a congenital defect in utero and fails to notify parents of this disability, the parents may bring a wrongful birth claim seeking compensation for the ongoing expenses 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 doctor did not fulfill this duty, that the doctor's actions or failure to act caused injuries and damages, and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical bills and lost wages, as well as emotional stress.

Certain birth defects and injuries are preventable through timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to adhere to their doctor's advice regarding prenatal appointments. If you believe that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These defects can vary in severity and impact way that a child appears and behaves in life. Some are minor, but others can cause serious problems that may be fatal.

The causes of a child's birth defects can stem from genetic defects or a variety of chemical and environmental factors. Exposure to toxic chemicals, for instance can trigger 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 medications.

It is well-established in the scientific research that certain toxins as well as chemicals can enter the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals may cause birth defects, such as the cleft lip and palate, spina bifida and muscular dystrophy.

Many mothers are exposed to many toxic chemicals while at work. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents who take certain over-the counter and prescription drugs. This is due to the fact that many drugs are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also play a role. Numerous different chemicals and toxins that are present in the home workplace, food and work environment can increase the chance of a birth defect. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxins is almost always inevitable. However, when employers do not take precautions to protect pregnant employees they're negligent and may be held accountable.

Researchers aren't able to pin down exactly what causes a specific birth defect. It is possible that a combination between multiple factors may cause the condition, but the challenge is evaluating the effects of these interactions 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 enroll 100,000 women from a representative population and track them over time and their children. This study will provide the most comprehensive data to date about how different environmental factors impact fetal as well as child health.

Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the condition, but it is the norm that these types of defects are inevitable. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes can be prevented. If your child was born with a medical condition that could have been avoided and you are entitled to claim damages in a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine if your child's illness is caused by a medication, chemical exposure or any other environmental cause that could be eligible for compensation. Depending on the degree of your child's illness your legal team will be able to estimate the full cost of the medical bills admissible for compensation.

Although the majority of birth defects are not caused by medical negligence, there are instances when a healthcare professional has been negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication that injures a baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers in which a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her child developing a birth defect. We also brought birth defect lawsuits against companies that expose their workers to hazardous substances on the job in a paint factory or semiconductor manufacturing companies.