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Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not possible. When that happens it is imperative that parents in shock seek the help of experienced birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of medical care in their field. This could include failing to perform routine prenatal testing and prescribing a medication that increases the likelihood of a birth defect or making a mistake during the labor and delivery.

Birth defects and birth injuries can be caused by environmental and genetic factors but they can also be a result of the negligence of a physician. For example, if a physician does not recognize a congenital disorder in the uterus and fails to notify the parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifetime costs associated with the disabled child.

To win a medical malpractice claim in birth defects the plaintiff has to prove that the doctor owed a breach of duty to the patient, and that he violated the duty, that his actions or lack of action directly led to damages and injuries and that he suffered economic and noneconomic damage as a result of the injuries. These damages could include medical bills, lost wages and emotional stress.

Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy, so it's crucial for pregnant women to follow their doctors' advice about prenatal visits. If you believe that your child's birth defect is due to medical malpractice, speak to an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

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

Birth defects can result from genetic anomalies or a range of chemcial or environmental factors. Exposure to toxic chemicals, for instance, can cause serious complications in the newborn. Our firm is committed to ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful medications or substances.

In scientific literature, it is well-established that certain chemicals and toxins can cross the placenta to affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals may cause birth defects such as cleft lips, palates and spina bifida.

While working, many mothers are exposed to a variety of toxic chemicals. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals comprise industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the manufacture of semiconductors. Parents can be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. Many medications have not been properly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, environmental exposure is also a major factor. The presence of many different chemicals and toxins in the workplace, at home and in food can increase the risk of birth defects. Pesticides and fungicides are among the most prevalent. Paints, birth defect law firm heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant workers they're negligent and may be held responsible.

Researchers are still unable to pin down exactly what causes the specific birth defect. It could be that a combination of factors can trigger the condition. The trick is to evaluate the interactions in real-time. The National Children's Study is important since it is currently in process across several states. The NCS will enrol 100,000 women from diverse populations and follow them and their children over the long term. This study will provide the most comprehensive data to date about how different environmental factors impact fetal and child health.

Many parents suffering from a child's birth defect are resentful that they have contributed to the disorder, but it is often the case that these kinds of issues are not a choice. Our birth defect lawyers are aware of this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Birth defects can be caused by a variety causes, from drug or alcohol use during pregnancy to genetic. However, many of these causes are preventable. If your child was diagnosed with a medical condition that could have been avoided and prevented, you could be able to claim damages in lawsuits for birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's condition is the result of chemical exposure, a drug or other environmental trigger which is eligible for compensation. Based on the severity of your child's health condition your legal counsel will be able to estimate the full cost of the associated medical expenses that are eligible for compensation.

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

Our birth defect lawyers have successfully pursued lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the chances of her child developing a birth defect. We also brought birth defect lawsuits against companies that expose employees to dangerous substances in the workplace in a paint factory or semiconductor manufacturing company.