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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's not feasible. When that happens it is imperative that parents who are in shock seek out the assistance of skilled birth defect lawyers.

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

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of care in his or her area of expertise. This could include failing to perform prenatal screening or prescribing medications that increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injury are usually caused by environmental and genetic factors but they can also be the result of the negligence of a physician. For example, if a physician is unable to identify an inborn disability and then fails to notify parents of the disability, the parents may make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the disabled child.

In order to prevail in a medical negligence case in birth defect cases, the plaintiff must prove that the doctor owed a duty of duty to the patient, that he breached the duty, that his actions or lack of action directly led to damage and injuries, and that the patient suffered economic and non-economic losses due to the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.

Some birth injuries and defects are preventable by timely testing and monitoring during pregnancy. Therefore, it's important for pregnant women to follow their doctors' advice regarding prenatal visits. If you believe that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect in the United States. These defects vary in severity and affect way a child looks, acts and functions in life. Some are minor, whereas others can cause serious problems and even be fatal.

Birth problems can be caused by genetic abnormalities or a variety of chemcial and environmental factors. Exposure to harmful chemicals, for example can trigger serious complications in a newborn. Our firm is committed in holding employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

In scientific literature, it is established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These toxins are known as teratogenic. Exposure to these teratogenic chemicals may cause birth defects like cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed various toxic chemicals when they are at work. These chemicals can be consumed, inhaled or absorbed into the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE), which are used in the production of semiconductors. Parents can also be exposed to these toxic substances when they consume certain prescription and over-the counter drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's far from 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. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, if companies fail to protect pregnant employees they are negligent and can be held accountable.

Researchers are unable to identify the exact cause of the birth defect in a specific way. It is possible that a combination with multiple factors could trigger the condition, but the difficulty is evaluating these interactions in real time. The National Children's Study is important because it is currently underway across several states. The NCS will enroll 100,000 women from diverse populations as well as follow them and their children over the long-term. This study will provide the most comprehensive information to date on how various environmental factors impact fetal and child health.

Many parents suffering from a child's birth defect feel guilty that they may have contributed to the condition, however it is the norm that these kinds of defects are unavoidable. Our birth defect lawyers know this and are dedicated to helping families seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical issue which could have been prevented in the first place, you may be able to compensation through a birth defect lawsuit.

A New York birth defect lawyer can assist you determine if your child's illness was caused by chemical exposure, a drug or other environmental factor which is eligible for compensation. Your legal team will calculate the total cost of medical bills related to your child's condition based on the severity.

Although the vast majority are not the result of medical negligence however, there have been instances where a doctor was negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medication that injures a baby before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully defended claims where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the risk that she could give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies that expose workers to hazardous substances at work for example, a paint factory or semiconductor manufacturing companies.