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Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's not possible. When that becomes a reality it is crucial that parents in shock seek out the assistance of skilled birth defect lawyers.

Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of medical care in their area of expertise. This could be due to failing to perform prenatal screening, prescribing medications that increase the chance of birth defects, or making an error during labor or delivery.

Birth defects and birth injury are usually the result of environmental and genetic causes, but they can also be the result of the negligence of a doctor. For example when a doctor does not recognize the presence of a congenital defect in utero and fails to inform the parents of this impairment, parents can pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty of care, that the doctor breached this duty, that the doctor's negligence or failure to act directly led to injuries and damages and that the victim was harmed economically and non-economically as a result of his or her injuries. These damages might include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are crucial to ensure that pregnant women are provided with the appropriate tests and monitoring. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects can range in severity and impact how a child appears and behaves throughout life. Some are minor, while others can cause serious issues and even be fatal.

Birth birth defects can be caused by genetic abnormalities or a variety of chemcial or environmental factors. Exposure to toxic chemicals, for instance can trigger serious complications in the newborn. Our company is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful substances or medications.

It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta and harm an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as the cleft lip and palate as well as spina Bifida and muscular dystrophy.

While working, mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE), which are used in the production of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. Many drugs have not been adequately tested on pregnant woman and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, exposure to environmental factors can also be a significant factor. Numerous different chemicals and toxins that are found in the home, workplace and food can increase the chance of having a birth defect. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are unable to pin down exactly what causes a specific birth defect. It is possible that a combination between a variety of factors could cause the condition, but the difficulty is assessing the effects of these interactions in real time. The National Children's Study is important since it is currently in process in a number of states. The NCS will enrol 100,000 women from diverse populations and follow them and their children over the course of time. This study will provide the most complete information to date on how a variety of environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt and believe that they are responsible for it. But, these problems are usually unavoidable. Our birth defect lawyers understand this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided it is possible to recover damages in a lawsuit for birth defects.

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

Although the majority of birth defects are not caused by medical negligence, there are occasions where a doctor or healthcare worker has been negligent before or during labor and birth. A doctor may prescribe a medication incorrectly that harms a baby even before birth, or make an error during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the chance of her having a child born with birth defect. We also have brought birth defect law firm defect lawsuits against companies that expose employees to dangerous chemicals at work like a paint factory or semiconductor manufacturing company.