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Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's not feasible. When this happens, it's essential parents who are shocked seek out the help of experienced birth defect lawyers.

Birth problems and injuries can be caused by medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can provide answers.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in their area, it is considered medical malpractice. This could include failing to perform routine prenatal tests, prescribing medication that increases the likelihood of birth defect or making a misstep during labor and birth.

Birth defects and birth injury are usually the result of environmental and genetic factors, but they can also be a result of an error by a doctor. For instance in the event that a physician fails to recognize a congenital disorder in the uterus and then fails to notify parents of this disability, the parents can make a claim for birth defect law firm wrongful birth seeking compensation for the lifelong expenses associated with the disabled child.

In order to win a medical negligence case in birth defects, the plaintiff must prove that the doctor owed a duty of duty to the patient, that he failed to fulfill that duty, that his actions or lack of action directly resulted in damages and injuries and that he or she suffered economic and non-economic losses due to the injuries. These damages could include costs of medical bills lost wages, pain and suffering, and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the proper tests and monitoring. 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 as soon as possible.

Toxic Chemicals

Every year thousands of children are born with some type of birth defect in the United States. These birth defects can be of varying severity and affect the way that the child behaves, looks and performs. Some are minor while others can lead to serious problems that may be fatal.

Birth problems can be caused by genetic abnormalities or a variety of chemcial and environmental causes. Exposure to harmful chemicals, for instance causes serious complications in the infant. Our firm is determined to hold employers accountable for the exposure of pregnant women and newborn babies to harmful substances or medications.

It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta, affecting an unborn baby. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as the cleft palate and lips as well as spina bifida, and muscular dystrophy.

While working, many mothers are exposed of harmful chemicals. These chemicals can be inhaled or inhaled through the body's skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are 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. Many medications have not been adequately tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure is also a major cause. The presence of various chemicals and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxins is usually unavoidable. However, when companies fail to safeguard pregnant employees they're negligent and may be held responsible.

Researchers are still trying to determine the root of the birth defect. It could be that an interaction between several factors can cause the condition, but the difficulty is assessing these interactions in real time. The National Children's Study is important because it is now underway in a number of states. The NCS will enroll 100 women from the representative population and follow them and their children for the long run. This study will provide most comprehensive information about how environmental factors impact fetal and childhood health.

Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the disorder, but it's usually the case that these types of defects are unavoidable. Our birth defect lawyers recognize this and are dedicated to families seeking 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 genes. Fortunately, the majority of these causes can be cured. If your child was born with a medical condition that could have been avoided, you may be entitled to claim damages in a birth defect lawsuit.

A New York birth defect lawyer can assist you determine if your child's condition is the result of chemical exposure, a medication or other environmental factor which is eligible for compensation. Depending on the severity of your child's health condition, your legal team will also be able to determine the full cost of the medical bills eligible for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are cases in which a doctor or healthcare worker has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medication that injures the baby before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully defended lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her child being born with birth defect. We have also brought birth defect lawsuits against semiconductor and paint factories which expose their employees to hazardous substances when they work.