Birth Defect Lawsuits

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

Birth problems and injuries can be caused by medical negligence and drugs that are harmful as well as exposure to environmental hazards. A New York birth defects law firm can help.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in his or her field, it's considered medical malpractice. It could be a failure to perform routine prenatal tests or prescribing medications that increase the likelihood of a birth defect or making a mistake during the labor and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic factors however, they could also be a result of an error by a doctor. If a doctor fails detect congenital problems in utero, and then fails not to inform the parents that their child is disabled, parents may be in a position to file a lawsuit for wrongful birth seeking compensation for all expenses associated with their disabled child.

A successful medical malpractice claim in morrison birth defect attorney defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the doctor violated this 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 due to his or her injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy, which is why it's vital for pregnant women follow their doctors' recommendations regarding prenatal appointments. If you suspect that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

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

The reasons for a child's Caldwell Birth Defect Law Firm defects can stem from genetic anomalies or a wide range of environmental and chemical factors. For instance, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn children to harmful substances or medications.

It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta and affect the unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects, such as the cleft palate, lips and spina Bifida.

Many mothers are exposed a wide variety of toxic chemicals while at work. They can be ingested, inhaled or absorbed through the body's skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. Parents may be exposed to these chemicals when they consume certain prescription and over-the counter drugs. This is due to the fact that many drugs aren't adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. Many different chemicals and toxins that are found in the home, workplace and food could increase the chances of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are unable to determine exactly what causes a particular birth defect. It is possible that a combination with multiple factors could trigger the problem, but the issue is assessing 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 representative population and track them throughout their lives and their children. This study will provide the most comprehensive data available on how different environmental factors affect fetal and child health.

Many parents who have a birth defect in their child feel guilt, believing that they are responsible for it. However, these defects are usually inevitable. Our birth defect lawyers know this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be prevented. If your child was born with a medical issue which could have been prevented in the first place, you may be able to claim damages through a birth defect lawsuit.

A New York birth defect lawyer can help you determine if your child's illness is caused by a medication, chemical exposure or other environmental trigger that could be eligible for compensation. Depending on the degree of your child's illness your legal counsel will also be able to calculate the total cost of medical bills that are eligible for compensation.

While the majority of cases are not the result of medical negligence there are instances in which a doctor was negligent prior to or during labor and delivery. A doctor may prescribe a medication incorrectly that harms a baby even before the birth, or make an error in surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug companies when a mother's medical healthcare provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her child developing a birth defect. We also have brought birth defect lawsuits against companies that expose workers to dangerous chemicals in the workplace like a paint factory or semiconductor manufacturing company.