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Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not always possible. If this happens it is vital that parents in shock seek out the assistance of skilled birth defect lawyers.

Birth problems 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 assist you in getting answers.

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of care in his or her field. This could be due to failing to conduct prenatal testing or prescribing drugs that increase the chance of birth defects or making a mistake during labor or delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors however, they could also be the result of the negligence of a physician. For instance the case where a doctor fails to detect a congenital disability in utero and then fails to notify parents of this condition, parents may file a wrongful birth claim seeking compensation for the lifelong costs associated with the disabled child.

In order to prevail in a medical malpractice lawsuit in birth defect cases the plaintiff has to prove that the doctor owed a duty of duty to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly caused injuries and damages and that the patient suffered economic and non-economic losses because of the injuries. These damages could include medical bills or lost wages, as well emotional distress.

Some birth injuries and defects can be prevented by timely testing and monitoring during pregnancy, which is why it's vital for pregnant women follow their doctors' recommendations about prenatal visits. If you suspect that medical negligence caused the birth defect of your child, contact a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These birth defects can range in severity and impact way a child looks, behaves and performs in life. Some are minor while others can cause serious issues that could be fatal.

The reasons for a child's birth defects could be due to genetic anomalies or a wide variety of environmental and chemical factors. For instance, Birth Defect Law Firm exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful drugs or substances.

It is well-established in the scientific literature that certain toxins and chemicals can cross the placenta and affect the unborn baby. These chemicals are teratogenic. The exposure to these chemicals can cause birth defects such as the cleft lip and palate as well as spina bifida, and muscular dystrophy.

While they are working, mothers are exposed of harmful chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents may be exposed to these toxins when they are consuming certain over-the-counter and prescription drugs. Many medications have not been tested properly on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure can also be a significant factor. The presence of various toxins and chemical compounds in the home, at work and in food can increase the risk of birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is generally inevitable. However, when companies do not take precautions to protect pregnant employees, they are negligent and could be held accountable.

Researchers aren't able to identify the exact cause of the specific birth defect. It is possible that an interaction with multiple factors could trigger the condition, but the difficulty is evaluating these interactions in real-time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enroll 100 women from the representative population as well as follow them and their children for the course of time. This study will provide the most comprehensive data to date on how various environmental factors affect fetal and child health.

Many parents who have a birth defect in their child feel guilt, believing that they are responsible for it. But, these problems are often unavoidable. Our birth defect lawyers recognize this and are dedicated to families who seek justice for children who suffer from birth defects.

Product Liability

Birth defects 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 prevented. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to seek compensation through lawsuits for birth defects.

A New York birth defect attorney can assist you to determine if your child's problem is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Your legal team can calculate the total cost of medical bills for your child's condition depending on the severity.

Although the vast majority are not due to medical negligence there are instances in which a doctor was negligent during or prior to labor and birth. A doctor could incorrectly prescribe a medication that harms a baby before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers where a mother's health healthcare provider has been exposed to prescription drugs or toxic chemicals that can increase the risk of her having a child born with a birth defect. We also have brought birth defect lawsuits against semiconductor and paint factories who expose their workers to dangerous chemicals when they work.