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Birth Defect Lawsuits

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

Birth problems and injuries can result from medical malpractice or drugs that pose a risk and exposure to environmental factors. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her area of expertise. This might involve failing to perform routine prenatal testing and prescribing a medication that increases the chance of having a birth defect or making a misstep during the birth and delivery.

Birth defects and birth injuries are typically caused by genetic and environmental causes, but sometimes they are caused by medical negligence or malpractice. If a physician fails to detect congenital problems in utero and fails to notify parents of the condition, parents might be legally able to file a case for compensation due to a birth defect for all the expenses related to their child's disability.

A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the doctor breached this duty, that the doctor's actions or failure to act caused injuries and damages and that the victim suffered economic and non-economic damage as a result of the injuries. These damages could include medical bills, lost wages and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that medical negligence caused the birth defect of your child seek out a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects vary in severity and impact manner in which a child looks, behaves and performs in life. Some are minor while others can cause serious issues that could be fatal.

The causes of birth defects may be due to genetic disorders or a variety of environmental and chemical factors. Exposure to harmful chemicals, for instance can trigger serious complications in babies. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn children to harmful substances or medications.

In scientific literature, it is well-established that certain chemicals and toxins can cross the placenta to affect the unborn child. These chemicals are referred to as teratogenic. These teratogenic chemicals could cause birth defects like lip clefts, palates, and spina bifida.

Many mothers are exposed to many harmful chemicals when they are at work. These chemicals can be inhaled, inhaled or absorbed into the skin of the body. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents may be exposed to these toxins when they are consuming certain prescription and over-the-counter drugs. Many pharmaceuticals have not been adequately tested on pregnant woman and have led to birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's not the only reason. A variety of toxins and chemicals found in our homes as well as in food items could increase the chances of having a birth defect. This includes fungicides, pesticides and lead, as well as heavy metals, some paints and many other chemical compounds. Exposure to these toxins is generally inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the precise cause of a birth defect. It is possible that a combination between multiple factors may cause the condition, but the difficulty is evaluating the effects of these interactions in real time. The National Children's Study is important because it is now underway in a number of states. The NCS will enroll 100,000 women from a representative population and follow their progress over time and also their children. This study will provide the most comprehensive data to date about how different environmental factors influence fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they are responsible for it. However, these birth defects are usually unavoidable. Our birth defect lawyers are aware of this and are dedicated in helping families with children with birth defects.

Product Liability

Birth problems can be caused by a variety factors, ranging 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 which could have been avoided or prevented, you might be able to claim damages in a lawsuit for birth defects.

A New York birth defect lawyer defect attorney will be able help you determine if the condition of your child is due to an illness, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical expenses related to your child's condition based on the severity.

While the vast majority of birth defects are not caused by medical negligence, there are instances where a healthcare worker is negligent prior to or during labor and birth. A doctor may prescribe a medicine that hurts the baby before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully prosecuted cases against drug companies when a mother's medical healthcare provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her having a child with birth defects. We have also filed birth defect lawsuits against companies that expose workers to hazardous substances in the workplace like a paint factory or semiconductor manufacturing company.