Birth Defect Lawsuits
Parents want their children to be perfect, but that's sometimes not possible. When this happens, it's vital that parents who are stunned 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 defect law firm can provide answers.
Medical Malpractice
When a doctor fails adhere to the accepted standards of practice in their field, it's considered medical malpractice. This could mean failing to conduct routine prenatal tests or prescribing medication that increases the likelihood of birth defect, or making a mistake during the labor and delivery.
Birth defects and birth injuries can be caused by genetic or environmental causes, but occasionally they arise due to the negligence or malpractice of a doctor. If a doctor
birth defect law firm fails to detect congenital disabilities during pregnancy and fails to notify parents, the 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 requires that the doctor was obligated to the patient to perform a duty of care, that the doctor breached this duty, that 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 the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.
Certain birth injuries and defects are preventable with timely testing and monitoring during pregnancy, so it's crucial for pregnant women to adhere to their doctor's advice regarding their prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer right away.
Toxic Chemicals
Every year, thousands of children are born with a kind of birth defect within the United States. These birth defects can range in severity and affect the way that a child appears, behaves and performs in life. Some are minor, whereas others can cause serious issues and even be fatal.
Birth defects can be caused by genetic disorders or a variety of chemcial and environmental causes. For example, exposure to toxic chemicals can cause serious health issues for newborns. Our firm is committed in bringing employers to account when they expose pregnant women or their unborn children to harmful substances or medications.
In the scientific literature, it is established that certain chemicals and toxins can traverse the placenta to affect the unborn child. These chemicals are teratogenic. Teratogenic chemicals can cause birth defects such as lips, palates, and clefts as well as spina bifida.
Many mothers are exposed to many toxic chemicals while at work. They can be ingested or inhaled through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents can also be exposed toxic substances when they consume certain over-the-counter and prescription drugs. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been demonstrated to cause birth defects.
Environmental Exposure
While genetic disorders are among the most prevalent causes of birth defects, exposure to environmental factors is also a major cause. Many different toxins and chemicals that are found in the home or workplace could increase the chances of having a birth defect. This includes fungicides, pesticides lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is nearly always inevitable. But, when businesses fail to protect pregnant workers they're negligent and could be held accountable.
Researchers are still unable identify the exact cause of the specific birth defect. It is possible that a mix of factors may cause the condition. The problem is to assess these 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 representative populations as well as follow them and their children for the long run. This study will provide the most comprehensive information to date on how various environmental factors impact fetal as well as child health.
Many parents who suffer from a birth defect in their child are resentful believing that they are responsible for it. However, these defects are usually unavoidable. Our birth defect lawyers are aware of 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 causes ranging from drug and
birth defect law firm alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue which could have been prevented, you may be entitled to compensation through a birth defect lawsuit.
A New York birth defect lawyer can assist you determine whether your child's condition is the result of chemical exposure, a drug or another environmental trigger that is a reason to seek compensation. Your legal team can estimate the total cost of medical bills related to your child's condition in relation to the severity.
Although the vast majority are not caused due to medical negligence, there have been cases where doctors have been negligent during or prior to labor and delivery. A doctor may prescribe a medication incorrectly that causes harm to a baby even before
birth defect law firm, or even make an error in surgery.
Our
birth defect attorneys have successfully prosecuted claims where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the risk that she would give birth to a baby with birth defects. We also have brought birth defect lawsuits against companies that expose workers to hazardous substances at work in a paint factory or semiconductor manufacturing company.