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Birth Defect Lawsuits

Parents want their children perfect however sometimes it's impossible. If this happens, it's vital parents who are shocked seek out the help of experienced birth defects lawyers.

Birth injuries and birth defects can result from medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in his or her area, it is deemed medical malpractice. This may include failing to conduct prenatal testing or prescribing drugs that increase the likelihood of birth defects or making a mistake during labor and delivery.

Birth defects and birth injury are usually caused by environmental and genetic causes, but they can also be a result of the negligence of a doctor. For instance the case where a doctor does not recognize the presence of a congenital defect in utero and then fails to notify parents of the disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the doctor owed the patient a duty of care, that the physician violated that duty, the doctor's negligence or failure to act directly caused injuries and damages and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages might include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth defects and injuries are preventable by timely testing and monitoring during pregnancy, so it's vital for pregnant women adhere to their doctor's recommendations regarding prenatal visits. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth defect lawyer injury attorney immediately.

Toxic Chemicals

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

Birth defects can result from genetic disorders or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for instance causes serious complications in a newborn. Our company is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

In the scientific literature, it is well-established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These toxins are referred to as teratogenic. Exposure to these chemicals can cause birth defects like the cleft lip and palate 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 inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. Parents may also be exposed to these toxins when they are consuming certain prescription or over-the-counter medications. This is due to the fact that a number of drugs have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only one. The presence of a variety of chemicals and toxins at the workplace, at home and in food can increase the risk of birth defects. These include pesticides, fungicides, lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is almost always inevitable. However, if companies fail to safeguard pregnant employees, they're negligent and could be held accountable.

Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that an interaction with multiple factors could trigger the problem, but the issue is assessing the interactions in real-time. The National Children's Study is important because it is now underway in several states. The NCS will enroll 100,000 women from a representative population and monitor them over time as well as their children. This study will provide the most comprehensive information to date on how many environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child feel guilt, believing that they are responsible for it. However, these defects are often unavoidable. Our birth defect attorneys understand this and are dedicated in helping families with children with birth defects.

Product Liability

Birth problems are caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was diagnosed with a medical issue which could have been avoided, you may be able to seek compensation through lawsuits for birth defects.

A New York birth defect attorney can help you determine if your child's condition is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical expenses that are related to your child's illness according to the severity.

While the vast majority of birth defects are not caused by medical negligence, there are some instances in which a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor may prescribe a medication that injures an infant before it is born, or make an error during surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers in cases where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child developing birth defect. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to harmful chemicals in the workplace.