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Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's impossible. When this happens, it's vital that parents who are stunned seek the help of experienced birth defects lawyers.

Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their field. This could mean failing to perform prenatal screening or prescribing medications which increase the chance of birth defects, or making an error during labor and birth.

Birth defects and birth injury are often caused by genetic and environmental factors, but they can also be caused by a doctor's negligence. For example when a doctor is unable to identify an inborn disability and then fails to notify parents of this disability, the parents can bring a wrongful birth claim seeking compensation for the ongoing costs associated with the disabled child.

In order to prevail in a medical malpractice claim in birth defects the plaintiff must demonstrate 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 caused damages and injuries, and that he or she suffered economic and non-economic losses because of the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are necessary to ensure that pregnant women are provided with the appropriate testing and monitoring. If you believe that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can be of varying severity and affect the way that children behave, look and functions. Some are minor, but others can lead to serious issues that could be fatal.

Birth defects can result from genetic defects or a range of chemcial or environmental factors. Exposure to harmful chemicals, for instance, can cause serious complications in the newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in the scientific studies that certain toxicants and chemicals can enter the placenta, affecting an unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects, such as lip clefts, palates, and spina bifida.

While they are working, mothers are exposed to a range of harmful chemicals. These chemicals can be consumed or inhaled through the skin of the body. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents can also be exposed chemicals when they consume certain prescription or over-the-counter medications. Many pharmaceuticals have not been tested properly on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only one. The presence of numerous 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 frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, when employers fail to safeguard pregnant employees, they are negligent and can be held responsible.

Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that an interaction between multiple factors may cause the condition, but the difficulty is evaluating 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 100,000 women from diverse populations and will follow them and their children for the long term. This study will provide most comprehensive information about how environmental factors impact fetal and childhood health.

Many parents who suffer from a birth defect in their child are resentful believing that they caused it. However, these issues are not always preventable. Our birth defect lawyers know this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, a lot of these causes are preventable. If your child was born with a medical condition that could have been avoided in the first place, you may be able to claim damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine if your child's illness is caused by chemical exposure, a drug or other environmental trigger that is eligible for compensation. Based on the severity of your child's condition your legal counsel will also be able calculate the full cost of the medical bills that are admissible for compensation.

While the majority of cases are not due to medical negligence however, there have been instances where a doctor was negligent during or before labor and delivery. A doctor might incorrectly prescribe a medication that harms the baby before it's born, or make an error during surgery.

Our birth defect attorneys have successfully litigated cases where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chance that she will give birth to a baby with birth defects. We have also brought birth defect lawsuits against companies that expose their workers to harmful substances on the job like a paint factory or semiconductor manufacturing company.