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Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's not always possible. When that happens it is crucial that parents in shock seek the assistance of experienced birth defect lawyers.

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

Medical Malpractice

If a doctor does not follow the accepted standard of practice in their field, it's considered medical malpractice. This may include not performing prenatal tests or prescribing drugs which increase the chance of birth defects or making a mistake during labor or delivery.

Birth defects and birth injury are usually caused by environmental and genetic causes, however, they can also be a result of the negligence of a physician. For example, if a physician fails to detect a congenital disability in utero and fails to inform the parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the physician owed the patient a duty of care, that the doctor violated this duty, the doctor's negligence or failure 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 could include medical expenses, lost wages and emotional stress.

Prenatal visits are essential to ensure that pregnant women receive the proper tests and monitoring. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects are of various degrees and impact the way children behave, look and performs. 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 environmental and chemcial factors. For instance exposure to toxic chemicals can cause serious complications for a newborn. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.

In the scientific literature, it has been established that certain chemicals and toxins can cross the placenta to affect the unborn child. These toxins are known as teratogenic. Exposure to these teratogenic chemicals may cause birth defects, such as Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed various harmful chemicals when they are working. These chemicals can be ingested or inhaled, or absorbed by the skin. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents can be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been shown to cause 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 one. Many different chemicals and toxins found in our homes as well as in food items can increase the likelihood of having a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is almost always inevitable. However, when employers do not take precautions to protect pregnant employees they are negligent and could be held accountable.

Researchers are unable to determine exactly what causes a particular birth defect. It could be that an interaction between several factors can cause the condition, but the challenge is assessing 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 enrol 100,000 women from diverse populations as well as follow them and their children for the course of time. This study will provide the most comprehensive information to date on how different environmental factors affect fetal and child health.

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

Product Liability

Birth problems can be caused by a variety of causes, ranging from drugs or alcohol consumption during pregnancy to genes. Fortunately, most of these causes can be cured. If your child was diagnosed with a medical condition which could have been avoided and prevented, you could be able to get compensation in lawsuits for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's illness was caused by an exposure to chemicals, medication or any other environmental cause that is eligible for compensation. Your legal team can estimate the total cost of medical bills that are related to your child's illness based on the severity.

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

Our birth defect lawyers have successfully pursued cases against drug companies in cases where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child being born with a birth defect. We have also filed birth defect lawsuits against companies that expose their workers to hazardous substances while working in a paint factory or semiconductor manufacturing company.