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Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not possible. If that happens it is vital that stunned parents seek the assistance of experienced birth defect lawyers.

Medical malpractice, dangerous drugs, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

If a doctor does not adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. This could mean failing to conduct prenatal testing or prescribing drugs that increase the risk of birth defects, or making an error during labor and delivery.

Birth defects and birth injury are usually caused by genetic and environmental factors, however, they could also be caused by the negligence of a physician. For instance, if a physician fails to detect the presence of a congenital defect in utero and then fails to notify parents of this disability, the parents can make a claim for wrongful birth seeking compensation for the ongoing expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the physician breached this duty, that the doctor's actions or inability to act led directly to injuries and damages and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include medical bills as well as 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 negligence 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 a birth defect. These defects may be of different severity and affect the way that a child acts, looks and performs. Some are minor, but others can lead to serious problems that may be fatal.

Birth defects can be caused by genetic anomalies or a range of chemcial or environmental factors. For instance, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or drugs.

It is well-established in the scientific research that certain toxins as well as chemicals can enter the placenta to affect the unborn baby. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects, such as cleft lips, palates and spina Bifida.

While working, mothers are exposed to a variety of toxic chemicals. They can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) used in the production of semiconductors. These toxins can also be ingested by parents who take certain over-the counter and prescription drugs. Many drugs have not been properly tested on pregnant women and may cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only one. Many different toxins and chemicals found in our homes as well as in food items can increase the risk of having a birth defect. This includes fungicides, pesticides and lead, as well as heavy metals, some paints and various chemical compounds. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still unable to pinpoint exactly what causes the birth defect in a specific way. It is possible that a combination of factors could cause the condition. The trick is to study these interactions 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 a representative populations and will follow them throughout their lives, as well as their children. This study will provide the most comprehensive data available on how various environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty believing that they contributed to it. However, these defects are usually inevitable. Our birth defect lawyers understand this and are committed to helping families who have children with birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided it is possible to claim damages in lawsuits for birth defects.

A New York birth defect attorney will be able to help you determine if your child's condition is caused by an underlying chemical, medication or environmental exposure that qualifies for compensation. The legal team of your lawyer can estimate the total cost of medical bills that are related to your child's illness depending on the severity.

Although the majority of birth defects are not caused due to medical negligence, there are instances in which a doctor or healthcare worker has been negligent before or during labor and birth. A doctor might incorrectly prescribe a medicine that hurts the baby before it's born, or they may make an error during surgery.

Our birth defect lawyers have successfully defended allegations that a mother's health medical professional was exposed to prescription drugs or toxic chemicals which increased the chance that she would give birth to a child who has birth defects. We also have brought birth defect lawsuits against companies who expose workers to hazardous substances while working, such as a paint factory or semiconductor manufacturing companies.