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Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not possible. When this happens, it's vital parents who are shocked seek the assistance of experienced birth defect lawyers.

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

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in his or her field, it's considered medical malpractice. This could mean failing to perform routine prenatal tests or prescribing medication that increases the chance of having a birth defect or making a misstep during labor and delivery.

Birth defects and birth injuries are usually caused by genetic or environmental causes, but sometimes they are the result of medical negligence or malpractice. For instance when a doctor fails to detect the presence of a congenital defect in utero and fails to inform parents of this disability, the parents may file a wrongful birth claim seeking compensation for the lifetime expenses associated with the handicapped child.

To win a medical malpractice case in birth defects the plaintiff has to prove that the doctor owed a breach of care to the patient, and that he did not fulfill the duty, that his actions or lack of action directly caused damages and injuries and that the plaintiff suffered economic and noneconomic damage as a result of the injuries. These damages could include medical expenses, birth defect law firm lost wages and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects can vary in severity and affect the how a child appears and behaves in life. Some are minor, while others can cause serious problems that may be fatal.

The reasons for a child's birth defects can be attributed to genetic defects or a variety of chemical and environmental factors. Exposure to harmful chemicals, for example could cause serious problems in the infant. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful chemicals or medications.

It is well-established in scientific studies that certain toxicants and chemicals can enter the placenta to affect the unborn baby. These toxins are called teratogenic. Teratogenic chemicals can cause birth defects, such as lips, palates, and clefts as well as spina Bifida.

While they are working, mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol-ethers (EGE) that are used in the fabrication of semiconductors. These toxic substances can also be consumed by parents while they are taking certain over-the counter and prescription drugs. This is due to the fact that many drugs are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure can also be a significant factor. Many different chemicals and toxins found in the home, workplace and food can increase the risk of a birth defect. Pesticides and fungicides are among the most common. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is almost always inevitable. However, when companies fail to protect pregnant workers they are negligent and can be held responsible.

Researchers are still trying to find the exact cause of a birth defect. It is possible that a mix of factors can cause the condition. The next step is to evaluate the effects of these factors in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow them over time and their children. This study will provide the most complete data available on how different environmental factors impact fetal as well as child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the condition, but it is often the case that these types of defects are not a choice. Our birth defect attorneys understand this and are dedicated in helping families whose children are born who have birth defects.

Product Liability

Birth defects can be caused by many causes, from drug or alcohol use during pregnancy to genes. Fortunately, the majority of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to claim damages in an action for birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's illness is caused by an exposure to chemicals, medication or another environmental trigger that is a reason to seek compensation. Your legal team will calculate the total cost of medical expenses associated with your child's condition based on the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are cases in which a doctor or healthcare worker is negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication that injures the baby before it's born, or make a mistake during surgery.

Our birth defect attorneys have successfully litigated claims in which a mother’s health care provider was exposed to toxic chemicals or prescription drugs which increased the chance that she would give birth to a child with birth defects. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers harmful chemicals in the workplace.