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Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not possible. When that becomes a reality it is imperative for parents to seek out the assistance of skilled birth defect lawyers.

Birth problems and injuries can result from medical malpractice and dangerous drugs as well as exposure to environmental hazards. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her area of expertise. It could be a failure 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 defects and birth injuries are typically caused by genetic and environmental causes, but occasionally they occur due to a doctor's negligence or malpractice. If a doctor fails detect congenital problems in utero and fails to notify parents they may be able to file a claim for compensation in the event of a wrongful birth. for all the expenses associated with their disabled child.

To prevail in a medical negligence case in birth defects the plaintiff has to prove that the doctor was bound by a duty of care to the patient, and that he violated the duty, that his actions or inaction action directly resulted in damages and injuries, and that he or she suffered economic and noneconomic damage as a result of the injuries. These damages may include costs of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth defects and injuries are preventable with timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' recommendations about prenatal visits. If you suspect that medical malpractice caused the birth defect of your child you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect in the United States. These defects can vary in severity and impact way that a child appears, behaves and performs in life. Some are minor, but others can cause serious problems that may be fatal.

Birth defects can be caused by genetic defects or a range of chemcial and environmental causes. For instance, exposure to toxic chemicals can cause serious problems for newborns. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or medications.

It is well-established in the scientific research that certain toxins as well as chemicals can enter the placenta, affecting the unborn baby. These toxins are called teratogenic. These teratogenic chemicals could cause birth defects like lip clefts, palates, and spina Bifida.

Many mothers are exposed to an array of toxic chemicals when they are working. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. Parents can also be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. Many drugs have not been tested properly on pregnant woman and have caused birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause, but it's far from the only one. The presence of many different chemicals and toxins in the home, at work and in food items can increase the risk of developing birth defects. This includes fungicides and pesticides, lead, heavy metals, certain paints and many other chemical compounds. Exposure to these toxic substances is almost always inevitable. But, when businesses fail to safeguard pregnant employees they're negligent and could be held responsible.

Researchers are still unable pinpoint exactly what causes a particular birth defect. It is possible that a combination between several factors can cause the condition, but the challenge is evaluating these interactions in real time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enrol 100,000 women from representative populations and will follow them and their children for the long term. This study will provide the most comprehensive data to date on how different environmental factors impact fetal as well as child health.

Many parents suffering from a child's birth defect feel guilty for having contributed to the problem, but it's usually the case that these types of defects are inevitable. Our birth defect lawyers recognize this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, a lot of these causes can be avoided. If your child was born with a medical condition which could have been prevented in the first place, you may be able to claim damages in a birth defect lawsuit.

A New York birth defect attorney can help you determine if your child's illness is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition your legal counsel will also be able calculate the total cost of associated medical expenses that are qualified for compensation.

While the majority of cases are not caused due to medical negligence however, there have been instances where a doctor was negligent during or prior to labor and birth. A doctor might prescribe a medication that harms a baby even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child being born with birth defect. We have also brought birth defect lawsuits against companies that expose workers to dangerous chemicals at work like a paint factory or semiconductor manufacturing companies.