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Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's not feasible. When that happens it is crucial that parents in shock seek the help of experienced birth defect lawyers.

Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

When a doctor birth defect lawyers fails adhere to the accepted standards of practice in their field, it's considered medical malpractice. This could include failing to perform routine prenatal testing or prescribing medications that increase the chance of having a birth defect or making a misstep during the birth and delivery.

Birth birth defects and birth injuries are often the result of genetic and environmental causes, however sometimes they are the result of medical negligence or malpractice. For example when a doctor does not recognize a congenital disability in utero and fails to notify parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses incurred by the disabled child.

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

Certain birth injuries and defects are preventable with timely testing and monitoring during pregnancy, birth defect lawyers which is why it's vital for pregnant women adhere to their doctor's advice regarding prenatal appointments. If you suspect that medical negligence caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects are of various degrees and affect the way that children behave, appear and functions. Some are minor while others can cause serious problems and can even be fatal.

Birth defects can result from genetic disorders or a variety of environmental and chemcial factors. For instance exposure to toxic chemicals can cause serious complications for a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.

It is well-established in the scientific studies that certain toxicants and chemicals can pass through the placenta and affect the unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals could cause birth defects such as lips, palates, and clefts as well as spina bifida.

While they are working, many mothers are exposed of harmful chemicals. They can be inhaled, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents can be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only one. The presence of various chemicals and toxins at the workplace, at home and in food items can increase the risk of birth defects. These include fungicides, pesticides and lead, as well as heavy metals, certain paints, and other chemical substances. Exposure to toxic substances is nearly always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to pinpoint the exact cause of a birth defect. It could be that an interaction between a variety of factors could cause the condition, but the difficulty is evaluating the effects of these 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 100,000 women from a representative population and track their progress over time, as well as their children. This study will provide the most complete information to date on how many environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child are resentful, believing that they are responsible for it. However, these defects are not always preventable. Our birth defect lawyers understand 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, from drug or alcohol consumption during pregnancy to genetic. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical issue that could have been prevented it is possible to recover damages in lawsuits for birth defects.

A New York birth defect attorney will be able to help you determine if the condition of your child is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical expenses that are related to your child's illness depending on the severity.

While the majority of these cases are not caused due to medical negligence however, there have been instances where doctors have been negligent prior to or during labor and delivery. A doctor may prescribe a medication incorrectly that could harm a baby, even before birth, or make an error during surgery.

Our birth defect lawyers have successfully brought claims against drug manufacturers where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child with birth defect. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers toxic chemicals while in the workplace.