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Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's impossible. If that happens it is crucial that parents in shock seek out the assistance of skilled birth defect lawyers.

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

Medical Malpractice

When a doctor fails follow the accepted standard of practice in their area, it is considered medical malpractice. This may include not performing prenatal tests and prescribing medicines that increase the likelihood of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic factors, but they can also be a result of the negligence of a doctor. For example the case where a doctor is unable to identify a congenital disability in utero and fails to inform parents of the condition, parents may bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician has a responsibility to the patient of care, that the physician violated this duty, the doctor's actions or failure to act directly led to injuries and damages, and that the victim was harmed economically and non-economically due to his or her injuries. These damages may include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy, so it's important for pregnant women to adhere to their doctor's advice about prenatal visits. If you believe that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect in the United States. These defects vary in severity and affect way that a child appears, behaves and performs in life. Some are minor and others can lead to serious issues that could 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. Exposure to harmful chemicals, for instance, can cause serious complications in babies. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies 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 toxins are known as teratogenic. These teratogenic chemicals could cause birth defects like lip clefts, palates, and spina Bifida.

Many mothers are exposed to a wide variety of harmful chemicals when they are working. These chemicals can be breathed in or inhaled through the skin. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. These toxins can also be ingested by parents when they take certain prescription and over-thecounter medicines. Many pharmaceuticals have not been properly tested on pregnant women and have caused birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's far from the only one. Many different chemicals and toxins that are present in the home, workplace and food can increase the chance of a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints, and many other chemical substances. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to determine the precise cause of a birth defect. It could be that an interaction between several factors can cause the condition, but the difficulty is evaluating these interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from a representative population and track their progress over time, as well as their children. This study will provide the most complete data to date on how various environmental factors influence fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they were responsible for the defect. However, these defects are usually unavoidable. Our birth defect lawyers understand this and are committed to helping families who have children with birth defects.

Product Liability

Birth defects can be caused by many causes, ranging from drugs or alcohol consumption during pregnancy to genes. However, many of these causes are preventable. If your child was born with a medical issue that could have been avoided, you may be entitled to claim damages through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if your child's problem is due to a medication, chemical or environmental exposure that is eligible for compensation. Based on the degree of your child's illness your legal team will also be able calculate the total cost of medical bills that are qualified for compensation.

Although the majority of birth defects are not caused due to medical negligence, there are instances in which a doctor or healthcare worker is negligent before or during labor and delivery. A doctor could prescribe a medicine incorrectly, which can harm a baby before birth, or even make an error in surgery.

Our birth defect attorneys have successfully pursued cases where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chance that she could give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies that expose employees to dangerous chemicals on the job for example, a paint factory or semiconductor manufacturing company.