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Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's not always possible. If this happens it is imperative that parents who are in shock seek the help of experienced birth defect lawyers.

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

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in his or her area, it is considered medical malpractice. This could include failing to conduct routine prenatal testing, prescribing medication that increases the risk of a birth defect or committing a lapse during the labor and delivery.

Birth birth defects and birth injuries are often the result of genetic and environmental causes, however sometimes they are caused by medical negligence or malpractice. If a physician fails to detect congenital problems in utero and fails to inform parents they may be legally able to file a case for compensation due to a birth defect for all costs that are associated with their disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician was obligated to the patient to perform a duty of care, that the physician did not fulfill this duty, that the doctor's negligence or failure to act led directly to injuries and damages, and that the victim suffered economic and non-economic damages due to his or her injuries. These damages could include medical expenses, lost wages and emotional distress.

Certain birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you believe that your child's birth defect is the result of medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with a form of birth defect in the United States. These birth defects are of various degrees and affect the way that children behave, appear and performs. Some are minor while others can cause serious issues that could be fatal.

The causes of a child's birth defects can stem from genetic abnormalities or a range of environmental and chemical factors. Exposure to toxic chemicals, for instance can trigger serious complications in the infant. Our company is committed to ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

In the scientific literature, it has been established that certain chemicals and birth defect toxins may traverse the placenta to affect an unborn child. These toxins are teratogenic. These teratogenic chemicals can cause birth defects like cleft lips, palates and spina Bifida.

While working, mothers are exposed to a range of harmful chemicals. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) used in the production of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been shown to cause 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 cause. Numerous different chemicals and toxins that are present in the home workplace, food and work environment could increase the chances 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 almost always inevitable. However, when companies fail to protect pregnant workers, they are negligent and could be held responsible.

Researchers are still unable to pinpoint exactly what causes a specific birth defect. It is possible that a combination of factors can cause the condition. The problem is to assess 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 variety of populations as well as follow them and their children over the long-term. This study will provide the most complete data available on how different environmental factors influence fetal and child health.

Many parents suffering from a birth defect in their child feel guilty that they somehow contributed to the problem, but it is often the case that these kinds of issues are unavoidable. Our birth defect lawyers are aware of this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical issue which could have been prevented, you may be entitled to claim damages in a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine whether your child's illness is caused by an exposure to chemicals, medication or any other environmental cause that could be eligible for compensation. Based on the severity of your child's illness the legal team will also be able to calculate the full cost of the associated medical expenses that are eligible for compensation.

While the majority of these cases are not due to medical negligence there are instances where a doctor was negligent during or before labor and birth. A doctor might prescribe a medication incorrectly that could harm a baby, even before the birth, or make an error during surgery.

Our birth defect lawyers have successfully litigated cases where a mother's health care provider was exposed prescription drugs or toxic chemicals which increased the chance that she could give birth to a child suffering from birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers that expose their workers to hazardous substances when they work.