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Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's impossible. If this happens, it's essential that parents who are shocked seek the assistance of a seasoned birth defects lawyers.

Birth injuries and birth defects can be caused by medical negligence, drugs that are dangerous, and environmental exposure. A New York birth defect law firm can help you get answers.

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in their area, it is deemed medical malpractice. This could include failing to perform routine prenatal tests or prescribing medications that increase the likelihood of birth defect or making a mistake during the birth and delivery.

Birth birth defects and birth injuries are typically the result of genetic and environmental factors, but sometimes they are the result of the negligence or malpractice of a doctor. For example, if a physician is unable to identify the presence of a congenital defect in utero and then fails to notify parents of the condition, parents may make a claim for wrongful birth seeking compensation for all the lifetime expenses incurred by the disabled child.

In order to prevail in a medical malpractice case in birth defects the plaintiff has to prove that the doctor was bound by a duty of duty to the patient, that he failed to fulfill this duty, that his actions or inaction action directly resulted in damages and injuries and that he suffered economic and noneconomic damage because of the injuries. These damages could include expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the required tests and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects are of various degrees and affect the way that a child acts, looks and functions. Some are minor, whereas others can cause serious issues and may even cause death.

Birth defects can result from genetic abnormalities or a variety of chemcial or environmental factors. Exposure to toxic chemicals, for example could cause serious problems in a newborn. Our firm is committed to holding employers accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

In scientific literature, it is established that certain chemicals and toxins may cross the placenta to affect an unborn baby. These toxins are teratogenic. The exposure to these chemicals can cause birth defects, such as cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed a wide variety of toxic chemicals while they are working. These chemicals can be ingested or inhaled through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. These contaminants can also be ingested by parents when they take certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been tested properly on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors is also a major factor. The presence of many different chemicals and toxins at the workplace, at home and in food items 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 nearly always inevitable. However, when employers fail to protect pregnant employees, they are negligent and can be held responsible.

Researchers have yet to pinpoint the exact cause of a birth defect. It could be that an interaction between several factors can cause the problem, but the issue is evaluating the interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from a variety of populations and will follow them and their children for the long-term. This study will provide the most complete information to date on how different environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt believing that they were responsible for the defect. But, these problems are not always preventable. Our birth defect attorneys understand this and are committed to helping families with children who have birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs 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 prevented or prevented, you could be entitled to claim damages in an action for birth defects.

A New York birth defect attorney can help you determine if your child's condition is caused by a medication, chemical or environmental exposure that qualifies for compensation. The legal team of your lawyer can estimate the total cost of medical bills related to your child's condition in relation to the severity.

While the majority of cases are not the result of medical negligence there are instances where a doctor has been negligent during or before labor and delivery. A physician may incorrectly prescribe a medication that harms the baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers in which a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child being born with birth defects. We also have brought birth defect lawsuits against paint factories and semiconductor producers who expose their workers to dangerous chemicals during their work.