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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. If this happens, it's crucial that parents who are stunned seek the help of experienced birth defects 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 malpractice occurs when a physician does not adhere to the accepted standards of care in his or her area of expertise. This could include not performing prenatal tests, prescribing medications which increase the chance of birth defects, or making an error during labor and delivery.

Birth birth defects and birth injuries can be caused by genetic or environmental causes, but occasionally they occur due to medical negligence or malpractice. For instance in the event that a physician does not recognize the presence of a congenital defect in utero and fails to notify parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifetime expenses incurred by the disabled child.

In order to prevail in a medical malpractice lawsuit in birth defect cases, the plaintiff must prove that the doctor was in breach of a duty of duty to the patient, and that he violated the duty, and that his actions or inaction action directly led to injuries and damages and that he suffered economic and non-economic losses because of the injuries. These damages could include medical expenses or lost wages, as well emotional distress.

Certain birth defects and injuries are preventable by timely testing and monitoring during pregnancy. It's important for pregnant women to follow their doctors' advice regarding their prenatal visits. If you believe that the birth defect of your child is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect in the United States. These defects are of various degrees and impact the way children behave, appear and functions. Some are minor and others can lead to serious issues that could be fatal.

Birth defects can result from genetic anomalies or a range of chemcial and environmental causes. For example exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful chemicals or medications.

In scientific literature, it has been established that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These toxins are called teratogenic. Exposure to these teratogenic chemicals may cause birth defects, such as the cleft palate and lips as well as spina bifida, and muscular dystrophy.

While they are working, mothers are exposed to a range of toxic chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. These toxic substances can also be consumed by parents who take certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been properly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of various chemicals and toxins in the home, at work and in food can increase the risk of birth defects. These include pesticides, fungicides, lead, heavy metals, certain paints, and other chemical substances. Exposure to these toxic substances is often 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 root of the birth defect. It is possible that an interaction between multiple factors may cause the condition, but the problem is evaluating these interactions in real time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100,000 women from representative population and monitor their progress over time, as well as their children. This study will provide the most complete information on how environmental factors impact the health of infants and children.

Many parents who suffer from a birth defect in their child are resentful believing that they were responsible for the defect. However, these birth defects are not always preventable. Our birth defect lawyers recognize this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

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

A New York birth defect lawyer can assist you determine whether your child's illness was caused by an exposure to chemicals, medication or any other environmental cause that is a reason to seek compensation. Depending on the severity of your child's health condition your legal team will also be able calculate the full cost of the medical bills that are suitable for compensation.

While the vast majority of birth defects are not caused due to medical negligence, there are some instances where a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor may prescribe a medication in a way that can harm a baby before birth, or make an error in surgery.

Our birth defect lawyers have successfully brought cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her having a child born with birth defect. We also brought birth defect lawsuits against companies that expose workers to dangerous substances while working, such as a paint factory or semiconductor manufacturing company.