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Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's not feasible. When this happens, it's important parents who are shocked 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 get answers.

Medical Malpractice

If a physician fails to adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This could mean failing to perform prenatal screening, prescribing medications that increase the chance of birth defects or making a mistake during labor and delivery.

Birth birth defects and birth injuries are usually the result of genetic and environmental causes, but sometimes they arise due to a doctor's negligence or malpractice. For example when a doctor fails to detect the presence of a congenital defect in utero and fails to notify the parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the disabled child.

To win a medical negligence case in birth defect cases, the plaintiff must prove that the doctor was in breach of a duty of care to the patient, and that he did not fulfill the duty, and that his actions or lack of action directly caused damage and injuries, and that he suffered economic and non-economic losses due to the injuries. These damages might include the costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are important to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

Every year thousands of children are born with a type of birth defect in the United States. These birth defects can range in severity and impact the how a child appears, acts and functions in life. Some are minor, but others can cause serious issues and can even be fatal.

The causes of a child's birth defects may be due to genetic disorders or a variety of environmental and chemical factors. For example exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn children to harmful substances or medications.

In the scientific literature, it is established that certain chemicals and toxins can be transmitted through the placenta, affecting the unborn child. These toxins are teratogenic. These teratogenic chemicals may cause birth defects like cleft lips, palates and spina bifida.

While they are working, mothers are exposed a variety of harmful chemicals. These chemicals can be ingested, inhaled or absorbed through the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) employed in the production of semiconductors. Parents may be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. Many medications have not been properly tested on pregnant women and have caused 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. The presence of numerous chemicals and toxins at the home, at work and in food can increase the risk of birth defects. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when employers fail to protect pregnant workers, they are negligent and could be held responsible.

Researchers are unable to determine exactly what causes a particular birth defect. It is possible that a variety of factors may cause the condition. The problem is to analyze 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 100,000 women from diverse populations and will follow them and their children for the long run. This study will provide comprehensive data on the effects of environmental factors on the health of children and fetuses.

Many parents who have a birth defect in their child feel guilt and believe that they were responsible for the defect. However, these birth defects are often unavoidable. Our birth defect law firm defect lawyers are aware of this and are committed to helping families seek justice for children suffering from birth defects.

Product Liability

Birth problems are caused by a variety of causes, ranging from drugs or alcohol use during pregnancy to genes. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue that could have been avoided and you are entitled to compensation through a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine if your child's condition is the result of chemical exposure, a drug or other environmental factor that could be eligible for compensation. Based on the degree of your child's illness your legal team will also be able to calculate the full cost of the associated medical expenses that are suitable for compensation.

Although the vast majority of birth injuries are not due to medical negligence, there have been cases where doctors have been negligent prior to or during labor and delivery. A doctor might prescribe a medication in a way that could harm a baby, even before the birth, or make an error in surgery.

Our birth defect attorneys have successfully defended cases where a mother's health care provider was exposed toxic chemicals or prescription drugs, increasing the likelihood that she could give birth to a child with birth defects. We also have brought birth defect lawsuits against companies that expose employees to hazardous substances in the workplace, such as a paint factory or semiconductor birth defect law firm manufacturing company.