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Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's not always possible. If this happens, it's crucial parents who are shocked seek the help of experienced birth defects lawyers.

Birth injuries and birth defects could result from medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York birth defect law firm (Maxtremer blog post) can assist you in getting answers.

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of medical care in their field. This might involve failing to perform routine prenatal tests or prescribing medications that increase the likelihood of birth defect, or making a mistake during labor and birth.

Birth defects and birth injuries are typically due to genetic and environmental causes, but sometimes they are caused by medical negligence or malpractice. For instance, if a physician fails to recognize an inborn disability and fails to inform parents of the condition, parents may make a claim for wrongful birth seeking compensation for the lifetime expenses incurred by the disabled child.

To prevail in 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, that he failed to fulfill the duty, and that his actions or inaction action directly led to damages and injuries and that he or she was a victim of economic and non-economic damages from the injuries. These damages could include costs of medical bills lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided through timely testing and monitoring during pregnancy, which is why it's important for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you believe that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice 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 vary in severity and impact manner in which a child looks, birth defect law firm acts and functions in life. Some are minor, whereas others can cause serious issues and even be fatal.

The causes of birth defects can be attributed to genetic defects or a variety of environmental and chemical factors. For instance, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed in making employers accountable when they expose pregnant women or 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 an unborn baby. These toxins are teratogenic. Exposure to these teratogenic chemicals could cause birth defects like the cleft palate and lips, spina bifida and muscular dystrophy.

Many mothers are exposed an array of toxic chemicals when they are at work. They can be inhaled or inhaled through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. Many pharmaceuticals have not been thoroughly tested on pregnant woman and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, environmental exposure is also a major cause. Many different chemicals and toxins that are present in the home workplace, food and work environment can increase the chance of a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to these toxic substances is often inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are unable to pin down exactly what causes the birth defect in a specific way. It is possible that a combination with multiple factors could trigger the condition, but the problem is assessing 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 crucial. The NCS will enroll 100 women from the representative population and follow them and their children over the long run. This study will provide comprehensive information about how environmental factors affect the health of infants and children.

Many parents who have a birth defect in their child feel guilt believing that they are responsible for it. However, these birth defects are not always preventable. Our birth defect attorneys understand this and are committed to helping families whose children are born with birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was born with a medical issue that could have been prevented and you are entitled to compensation through an action for birth defects.

A New York birth defect lawyer can assist you determine if your child's condition was caused by an exposure to chemicals, medication or other environmental factor that could be eligible for compensation. Based on the severity of your child's illness your legal counsel will be able to estimate the total cost of medical bills that are admissible for compensation.

Although the vast majority are not caused due to medical negligence there are instances where doctors have been negligent during or prior to labor and birth. A doctor might prescribe a medication incorrectly that can harm a baby before birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she could give birth to a baby with birth defects. We have also filed birth defect lawsuits against companies who expose workers to dangerous substances while working in a paint factory or semiconductor manufacturing company.