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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes not always possible. When this happens, it's vital that parents who are stunned seek the assistance of a seasoned birth defect lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her field. This could be due to not performing prenatal tests or prescribing medications which increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injuries are often the result of genetic and environmental factors, but sometimes they arise due to a doctor's negligence or malpractice. If a doctor fails detect congenital disabilities in utero, and then fails not to inform the parents they may be legally able to file a case for compensation due to a birth defect for all costs for their child's disabilities.

A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the physician violated that duty, the doctor's actions, or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damage as a result of the injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the proper tests and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice 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, appear and performs. Some are minor while others can cause serious problems and can even be fatal.

Birth problems can be caused by genetic anomalies or a range of chemcial and environmental factors. Exposure to harmful chemicals, for instance causes serious complications in the newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or drugs.

In the scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta and affect an unborn child. These toxins are known as teratogenic. These teratogenic chemicals can cause birth defects such as lip clefts, palates, and spina bifida.

While they are working, many mothers are exposed to a variety of harmful chemicals. These chemicals can be ingested, inhaled or absorbed into the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. Parents may be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. This is due to the fact that many drugs aren't adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors is also a major factor. Numerous different chemicals and toxins that are found in the home, workplace and birth defect law firm food can increase the risk of having a birth defect. This includes fungicides and pesticides lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is almost always inevitable. However, when companies fail to protect pregnant workers they are negligent and could be held responsible.

Researchers are still trying to find the exact cause of a birth defect. It is possible that a mix of factors may cause the condition. The next step is to study the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100 women from the representative population as well as follow them and their children over the long term. This study will provide the most complete data to date about how different environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child are resentful and believe that they were responsible for the defect. But, these problems are usually unavoidable. Our birth defect lawyers understand this and are dedicated in helping families whose children are born with birth defects.

Product Liability

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

A New York birth defect attorney can assist you to determine if the condition of your child 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 associated with your child's condition based on the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are occasions in which a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor may prescribe a medication incorrectly that could harm a baby, even before birth, or even make an error in surgery.

Our birth defect attorneys have successfully pursued cases where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the risk that she would give birth to a child suffering from birth defects. We also have filed birth defect law firm defect lawsuits against paint factories and semiconductor manufacturers who expose their workers to harmful chemicals during their work.