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Birth Defect Lawsuits

Parents want their children perfect but sometimes it's impossible. When this happens, it's vital parents who are shocked seek out 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 defects law firm can help.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in their area, it is deemed medical malpractice. This might involve failing to conduct routine prenatal testing, prescribing medication that increases the likelihood of birth defect or making a mistake during labor and delivery.

Birth defects and birth injury are often caused by environmental and genetic factors, however, they can also be the result of an error by a doctor. For instance, if a physician fails to detect a congenital disorder in the uterus and then fails to notify parents of the impairment, parents can bring a wrongful birth claim seeking compensation for the lifelong expenses associated with the disabled child.

In order to win a medical negligence case in birth defect cases, the plaintiff must prove that the doctor owed a duty of care to the patient, that he failed to fulfill that duty, that his actions or lack of action directly led to injuries and damages and that the plaintiff was a victim of economic and non-economic damages from the injuries. These damages could include medical bills as well as lost wages and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical negligence caused your child's birth defects Contact a medical negligence and Birth Defect Law Firms 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 impact way a child looks, acts and functions in life. Some are minor, but others can cause serious problems and may even cause death.

Birth defects can result from genetic abnormalities or a variety of chemcial or environmental factors. For instance, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

In the scientific literature, it has been established that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects like cleft lips, palates and spina bifida.

Many mothers are exposed an array of toxic chemicals while at work. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE), which are used in the production of semiconductors. Parents may also be exposed chemicals when they consume certain prescription and over-the-counter drugs. This is because many pharmaceuticals are not properly tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequent causes of birth defects, environmental exposure is also a major factor. The presence of various toxins and chemical compounds in the home, at work and in food items can increase the risk of birth defect lawsuit defects. This includes fungicides, pesticides, lead, heavy metals, certain paints, and various chemical substances. Exposure to these toxins is often inevitable. If businesses fail to protect their pregnant employees, it 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 could be that an interaction with multiple factors could trigger the condition, but the problem is assessing these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100,000 women from a variety of populations as well as follow them and their children for the long-term. This study will provide most comprehensive data on the effects of environmental factors on fetal and childhood health.

Many parents who have a birth defect in their child feel guilt because they believe they contributed to it. However, these defects are usually inevitable. Our birth defect lawyers are aware of this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Birth defects are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, the majority of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided or prevented, you might be able to recover damages in a lawsuit involving birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's illness is caused by a medication, chemical exposure or other environmental trigger that is eligible for compensation. Based on the severity of your child's condition your legal team will also be able to calculate the full cost of the medical bills eligible for compensation.

While the majority of these cases are not due to medical negligence there are instances in which a doctor was negligent during or prior to labor and birth. A physician may incorrectly prescribe a medication which harms a baby before it is born, or commit a mistake during surgery.

Our birth defect lawyers have successfully defended cases against drug companies where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her having a child with birth defects. We also have brought birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to toxic chemicals while at work.