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Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's impossible. If this happens, it's important that parents who are shocked seek out the help of experienced birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice and drugs that are harmful or exposure to environmental toxins. A New York birth defect law firm (link homepage) can help you get answers.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in their region, it's deemed medical malpractice. This could include failing to perform prenatal testing or prescribing drugs which increase the chance of birth defects or committing an error during labor and birth.

Birth defects and birth injury can be caused by environmental and genetic factors, however, they could also be the result of the negligence of a doctor. For instance when a doctor fails to detect the presence of a congenital defect in utero and fails to notify the parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the doctor did not fulfill this duty, that the doctor's actions, or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic damage as a result of the injuries. These damages could include cost of medical bills, lost wages as well as pain and suffering and Birth defect law firm emotional distress.

Prenatal visits are important to ensure that pregnant women receive the required tests and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of varying severity and impact the way a child acts, looks and performs. Some are minor while others can cause serious issues that could be fatal.

The causes of birth defects could be due to genetic anomalies or a wide range of environmental and chemical factors. For instance exposure to toxic chemicals could cause serious problems for a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta and harm the unborn baby. These toxins are referred to as teratogenic. These teratogenic chemicals may cause birth defects such as the cleft palate, lips and spina bifida.

While working, many mothers are exposed of harmful chemicals. These chemicals can be inhaled, inhaled or absorbed through the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. Parents can also be exposed chemicals when they consume certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been properly tested on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of various toxins and chemical compounds in the home, at work and in food items can increase the risk of developing birth defects. These include pesticides, fungicides lead, heavy metals, some paints and other chemical substances. Exposure to these toxic substances is usually unavoidable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers aren't able to pin down exactly what causes a particular birth defect. It could be that a combination of factors may cause the condition. The next step is to analyze the effects of these factors in real-time. The National Children's Study is important because it is now underway in several states. The NCS will enroll 100,000 women from representative population and track them throughout their lives as well as their children. This study will provide the most comprehensive information to date on how different environmental factors affect fetal and child health.

Many parents who have a birth defect in their child feel guilt believing that they contributed to it. However, these issues are usually inevitable. Our birth defect attorneys understand this and are dedicated in helping families with children who have birth defects.

Product Liability

Birth defects are caused by a variety of factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, a lot of these causes can be avoided. If your child was born with a medical condition that could have been prevented in the first place, you may be able to claim damages through an action for birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's illness was caused by chemical exposure, a drug or another environmental trigger that is a reason to seek compensation. Your legal team will calculate the total cost of medical expenses for your child's condition in relation to the severity.

While the majority of these cases are not the result of medical negligence, there have been cases in which a doctor was negligent during or before labor and delivery. A physician may incorrectly prescribe a medicine that hurts the baby before it's born, or commit a mistake during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers where a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the chance of her child developing birth defect. We also brought birth defect lawsuits against companies that expose their workers to harmful substances at work for example, a paint factory or semiconductor manufacturing companies.