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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's impossible. If this happens, it's essential that parents who are shocked seek the assistance of experienced birth defects lawyers.

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

Medical Malpractice

When a doctor fails adhere to the accepted standard of practice in their area, it is considered medical malpractice. This could be due to failing to conduct prenatal testing or prescribing drugs that increase the likelihood of birth defects, or making an error during labor and birth.

Birth defects and birth injuries are often caused by genetic or environmental factors, but sometimes they occur due to an error or negligence of a physician. If a doctor fails detect congenital problems in utero and fails to inform parents of the condition, parents might be able to file a claim for compensation in the event of a wrongful birth. for all the costs associated with their disabled child.

In order to prevail in a medical negligence case in birth defect cases the plaintiff must show that the doctor owed a duty of duty to the patient, and that he violated that duty, that his actions or lack of action directly resulted in damage and injuries, and that the patient was a victim of economic and non-economic damages from the injuries. These damages could include medical expenses or lost wages, as well emotional stress.

Prenatal visits are necessary to ensure that pregnant women are provided with the appropriate tests and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with a form of birth defect in the United States. These birth defects can vary in severity and impact way that a child appears and behaves throughout life. Some are minor, but others can cause serious problems that may be fatal.

The reasons for a child's birth defects may be due to genetic defects or a range of environmental and chemical factors. For instance exposure to toxic chemicals could cause serious problems for a newborn. Our firm is committed in making employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

It is well-established in scientific research that certain toxins as well as chemicals can cross the placenta and affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects such as the cleft palate, lips and spina Bifida.

Many mothers are exposed various toxic chemicals while working. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include 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 medications have not been tested properly on pregnant women and have caused birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's not the only reason. Numerous different chemicals and toxins that are found in the home, workplace and food can increase the chance of a birth defect. These include pesticides, fungicides, lead, heavy metals, certain paints and other chemical compounds. Exposure to toxic substances is almost always inevitable. However, if companies do not take precautions to protect pregnant employees, they are negligent and can be held responsible.

Researchers are unable to pin down exactly what causes the birth defect in a specific way. It could be that an interaction between several factors can cause the condition, but the challenge 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 them throughout their lives and their children. 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 are suffering from a birth defect in their child feel guilty that they may have contributed to the condition, but it is the norm that these types of defects are not a choice. Our birth defect attorneys are aware of this and are dedicated in helping families who have children with birth defects.

Product Liability

Birth defects can be caused by many causes, ranging from drugs or alcohol use during pregnancy to genetic. Fortunately, many of these causes can be cured. If your child was diagnosed with a medical condition that could have been avoided or prevented, you might be able to claim damages in a lawsuit for birth defects.

A New York birth defect attorney will be able to help you determine if the condition of your child is caused by an underlying chemical, medication 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.

Although the majority of birth defects are not caused due to medical negligence, there are cases where a healthcare worker was negligent before or during labor and birth. A doctor could incorrectly prescribe a medicine that hurts the baby before it's born, or make a mistake during surgery.

Our birth defect lawyers have successfully pursued cases where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the risk that she will give birth to a baby with birth defects. We have also filed birth defect lawsuits against companies who expose workers to hazardous substances on the job like a paint factory or semiconductor manufacturing companies.