Birth Defect Lawsuits
Parents would like their children to be perfect, but at times that’s not possible. When this happens, it’s important parents who are shocked seek the help of experienced birth defects lawyers.
Birth defects and injuries can be caused by medical malpractice, drugs that are dangerous or exposure to environmental toxins. A New York birth defect law firm can help you find answers.
Medical Malpractice
Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her field. This could include failing to conduct routine prenatal tests and prescribing a medication that increases the likelihood of birth defect, or making a mistake during the labor and delivery.
Birth defects and birth injury are usually the result of environmental and genetic causes, however, they could also be a result of the negligence of a physician. For example when a doctor fails to detect a congenital disability in utero and fails to notify parents of this disability, the parents can make a claim for wrongful birth seeking compensation for all the lifetime expenses incurred by the disabled child.
A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the doctor violated that duty, the doctor’s actions, or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damages due to the injuries. These damages could include the cost of medical bills, lost wages as well as pain and suffering and emotional distress.
Prenatal visits are necessary to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical malpractice caused the birth defect of your child seek out a medical malpractice and birth injury attorney immediately.
Toxic Chemicals
Every year thousands of children are born with a kind of birth defect in the United States. These defects can be of various severity and impact the way a child acts, looks and functions. 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 abnormalities or a range of chemical and environmental factors. Exposure to toxic chemicals, for example can trigger serious complications in a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.
It is well-established in scientific research that certain toxins and chemicals can pass through the placenta, affecting the unborn baby. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects like lip clefts, palates, and spina Bifida.
Many mothers are exposed to a wide variety of toxic chemicals when they are working. These chemicals can be consumed, inhaled or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE), which are used in the manufacturing of semiconductors. Parents may also be exposed to these chemicals when they consume certain prescription and over-the-counter drugs. This is because many pharmaceuticals 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 frequent causes of birth defects, exposure to environmental factors is also a major cause. The presence of many different chemical compounds and toxins in the home, at work and in food items can increase the risk of birth defects. These include fungicides, pesticides and lead, as well as heavy metals, certain paints, and various chemical substances. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are still trying to find the precise cause of a birth defect. It is possible that a variety of factors could cause the condition. The problem is to evaluate the interactions in real-time. This is why the National Children’s Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow them over time, as well as their children. This study will provide the most complete data available on how various environmental factors impact fetal as well as child health.
Many parents who suffer from a birth defect law firm defect in their child feel guilt and believe that they contributed to it. However, these birth defects are often unavoidable. Our birth defect lawyers understand this and are dedicated to families who seek justice for children who suffer from birth defects.
Product Liability
Birth problems can be caused by a variety causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was born with a medical issue that could have been prevented, you may be 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 was caused by a medication, chemical exposure or any other environmental cause which is eligible for compensation. Based on the degree of your child’s illness, your legal team will also be able to calculate the full cost of the medical bills admissible for compensation.
Although the majority of birth defects aren’t caused due to medical negligence, there are some instances in which a doctor or healthcare professional has been negligent prior to or during labor and birth. A doctor could prescribe a medication incorrectly that causes harm to a baby even before birth, or even make an error in surgery.
Our birth defect lawyers have successfully prosecuted cases against drug companies in which a mother’s health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her having a child born with birth defect. We also have filed birth defect lawsuits against paint factories and semiconductor birth Defect law firm manufacturers which expose their employees to dangerous chemicals during their work.
