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Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not feasible. When that becomes a reality it is imperative that stunned parents seek the help 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 find answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in their field, it's considered medical malpractice. This could mean not performing prenatal tests and prescribing medicines that increase the risk of birth defects or making a mistake during labor or delivery.

Birth defects and birth injury can be caused by environmental and genetic factors, however, they can also be caused by the negligence of a doctor. For instance when a doctor does not recognize an inborn disability and fails to notify parents of the disability, the parents can file a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor has a responsibility 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 damage as a result of his or her injuries. These damages might include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the proper tests and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These birth defects may be of different severity and affect the way that children behave, appear and performs. Some are minor, whereas others can cause serious issues and even be fatal.

The reasons for a child's birth defects can be attributed to genetic anomalies or a wide range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious problems for newborns. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful drugs or substances.

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

Many mothers are exposed to various toxic chemicals while working. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These toxic substances can also be consumed by parents when they consume certain over-the counter and prescription drugs. This is due to the fact that many drugs are not adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major cause. The presence of numerous chemical compounds and toxins in the home, at work and in food can increase the risk of birth defects. These include pesticides, fungicides, lead, heavy metals, some paints and other chemical substances. Exposure to these toxins is almost always inevitable. When companies fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers aren't able to pinpoint exactly what causes a particular birth defect. It is possible that a combination of factors can cause the condition. The challenge is to study the interactions in real-time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enrol 100,000 women from diverse populations and follow them and their children for the course of time. This study will provide most complete information on how environmental factors impact the health of infants and children.

Many parents who have a birth defect in their child feel guilt believing that they are responsible for it. However, these birth defects are usually inevitable. Our birth defect lawyers understand this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Birth problems can be caused by many causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to seek compensation through an action for birth defects.

A New York birth defect attorney will be able help you determine if the condition of your child is caused by a medication, chemical or environmental exposure that is eligible for compensation. Your legal team can calculate the total cost of medical bills associated with your child's condition in relation to the severity.

Although the vast majority are not caused due to medical negligence there are instances where a doctor was negligent during or prior to labor and delivery. A doctor might incorrectly prescribe a medication that harms the baby before it's born, or they may make an error during surgery.

Our birth defect attorneys have successfully litigated allegations that a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chances that she would give birth to a baby with birth defects. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers hazardous substances when they work.