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Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's impossible. When that becomes a reality it is imperative for parents to seek the assistance of experienced birth defect lawyers.

Birth defects and injuries can result from medical malpractice and dangerous drugs, and environmental exposure. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their area of expertise. This may include failing to perform prenatal testing or prescribing drugs which increase the chance of birth defects, or making an error during labor and birth.

Birth defects and birth injury can be caused by environmental and genetic causes, however, they can also be the result of the negligence of a doctor. For instance in the event that a physician fails to detect a congenital disorder in the uterus and fails to inform parents of this disability, the parents can file a wrongful birth claim seeking compensation for the lifetime expenses incurred by the disabled child.

In order to prevail in a medical negligence case in birth defects the plaintiff must show that the doctor owed a breach of care to the patient, and that he violated the duty, that his actions or inaction action directly caused injuries and damages and that the patient was a victim of economic and non-economic damages as a result of the injuries. These damages could include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the required tests and monitoring. If you suspect that the birth defect of your child is due to medical malpractice, you should contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

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

Birth problems can be caused by genetic disorders or a variety of environmental and chemcial factors. Exposure to harmful chemicals, for instance can trigger serious complications in a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or drugs.

It is well-established in the scientific literature that certain toxins and chemicals can cross the placenta to affect the unborn baby. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects like cleft lips, palates and spina Bifida.

While they are working, mothers are exposed a variety of toxic chemicals. These chemicals can be consumed, inhaled or absorbed into the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. These toxins can also be ingested by parents when they consume certain prescription and over-the-counter drugs. Many medications have not been thoroughly tested on pregnant women and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, exposure to environmental factors can also be a significant factor. Numerous different chemicals and toxins found in our homes as well as in food items can increase the chance of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable pinpoint exactly what causes a specific birth defect. It is possible that a combination of factors could cause the condition. The trick is to analyze 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 enroll 100,000 women from representative populations and monitor them and their children over the long run. This study will provide the most comprehensive data available on how a variety of environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child are resentful believing that they are responsible for it. However, these defects are not always preventable. Our birth defect attorneys are aware of this and are committed to helping families with children with birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these causes can be cured. If your child was born with a medical issue which could have been prevented, you may be entitled to claim damages through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's illness is caused by a medication, chemical or environmental exposure that qualifies for compensation. Depending on the severity of your child's condition your legal team will be able to estimate the total cost of associated medical bills that are admissible for compensation.

Although the vast majority of birth injuries are not the result of medical negligence, there have been cases where a doctor has been negligent during or prior to labor and delivery. A doctor may prescribe a medication that injures the baby before it's born, or make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers in cases where a mother's health care provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her having a child born with birth defects. We have also brought birth defect lawsuits against companies that expose their workers to dangerous substances while working in a paint factory or semiconductor manufacturing company.