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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's not feasible. If that happens, it is essential that parents who are in shock seek out the assistance of skilled birth defect lawyers.

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

Medical Malpractice

Medical malpractice is when a doctor violates the accepted standard of care in his or her area of expertise. This could be due to not performing prenatal tests, prescribing medications which increase the chance of birth defects or birth defect lawsuits making a mistake during labor and delivery.

Birth birth defects and birth injuries can be the result of genetic and environmental factors, but sometimes they are caused by medical negligence or malpractice. For instance in the event that a physician fails to recognize a congenital disorder in the uterus and fails to notify parents of the disability, the parents may file a wrongful birth claim seeking compensation for the lifelong expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty 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 his or her injuries. These damages could include costs of medical bills lost wages as well as pain and suffering and emotional distress.

Some birth injuries and defects are preventable with timely testing and monitoring during pregnancy, which is why it's vital for pregnant women adhere to their doctor's recommendations regarding prenatal appointments. If you believe that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects may be of different severity and birth defect lawsuits affect the way that children behave, look and functions. Some are minor, but others can cause serious problems and even be fatal.

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

In the scientific literature, it has been established that certain chemicals and toxins may cross the placenta to affect an unborn child. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects such as lips, palates, and clefts as well as spina bifida.

Many mothers are exposed to an array of toxic chemicals while at work. These chemicals can be inhaled or inhaled through the skin. These chemicals comprise industrial solvents such as ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. These toxic substances can also be consumed by parents while they are taking certain prescription and over-thecounter medicines. Many drugs have not been properly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure can also play a role. Numerous different chemicals and toxins found in the home, workplace and food can increase the chance of having a birth defect. These include fungicides, pesticides lead, heavy metals, some paints and many other chemical compounds. Exposure to toxic substances is almost always inevitable. However, if companies do not take precautions to protect pregnant employees they're negligent and may be held responsible.

Researchers have yet to pinpoint the precise cause of a birth defect. It could be that a combination of factors could cause the condition. The challenge is to study these interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enrol 100 women from the representative population and will 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 influence fetal and 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 kinds of defects are a given. Our birth defect lawyers are aware of this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

Birth problems can be caused by many causes, from drug or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these issues can be prevented. If your child was diagnosed with a medical issue which could have been avoided it is possible to claim damages in a lawsuit for birth defects.

A New York birth defect lawyer can help you determine whether your child's condition was caused by chemical exposure, a drug or any other environmental cause that is eligible for compensation. Your legal team can calculate the total cost of medical expenses for your child's condition depending on the severity.

While the majority of cases are not the result of medical negligence however, there have been instances where a doctor was negligent during or before labor and birth. A doctor may prescribe a medication that injures an infant before it is born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies in which a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the likelihood of her having a child born with a birth defect. We have also filed birth defect lawsuits against companies who expose workers to harmful substances while working in a paint factory or semiconductor manufacturing company.