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Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's not possible. If that happens it is vital that stunned parents seek the assistance of experienced birth defect lawyers.

Birth injuries and birth defects can be caused by medical negligence and drugs that are harmful and exposure to environmental factors. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice is when a doctor violates the accepted standard of care in his or her field. This could be due to failing to perform prenatal screening, prescribing medications that increase the likelihood of birth defects or committing an error during labor and birth.

Birth defects and birth injury are often caused by environmental and genetic causes, however, they can also be a result of a doctor's negligence. If a physician fails to detect congenital disabilities during pregnancy, and then fails not to inform the parents they may be eligible to file a claim for compensation due to a birth defect for all the expenses for their child's disabilities.

A successful medical malpractice claim in birth defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's actions or failure to act directly led to injuries and damages, and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical expenses or lost wages, as well emotional stress.

Certain birth injuries and defects are preventable by prompt testing and monitoring during pregnancy. It's vital for pregnant women follow their doctors' advice about prenatal visits. If you suspect that your child's birth defect is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects can be of varying severity and impact the way the child behaves, looks and performs. Some are minor while others can cause serious issues that could be fatal.

The causes of a child's birth defects can stem from genetic anomalies or a wide range of chemical and environmental factors. Exposure to harmful chemicals, for instance causes serious complications in babies. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.

It is well-established in scientific literature that certain toxins and chemicals can pass through the placenta to affect an unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects, such as lips, palates, and clefts as well as spina bifida.

While they are working, many mothers are exposed of toxic chemicals. These chemicals can be ingested, inhaled or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. These toxic substances can also be consumed by parents when they consume certain prescription and over-thecounter medicines. Many drugs 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 far from the only one. The presence of many different toxins and chemical compounds in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to these toxins is almost always inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that a combination of factors can trigger the condition. The problem is to evaluate these interactions in real time. The National Children's Study is important since it is currently in process in a variety of states. The NCS will enroll 100,000 women from a representative population and monitor them over time and their children. This study will provide the most comprehensive data available on how various environmental factors affect fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the condition, but it is often the case that these kinds of defects are inevitable. Our birth defect lawyers understand this and are dedicated in helping families who have children who have birth defects.

Product Liability

Birth problems can be caused by many causes, from drug or alcohol use during pregnancy to genes. Fortunately, most of these causes can be prevented. If your child was born with a medical issue that could have been prevented in the first place, you may be able to claim damages in a birth defect lawsuit.

A New York birth defect lawyer can help you determine whether your child's illness is caused by an exposure to chemicals, medication or another environmental trigger which is eligible for compensation. Based on the degree of your child's illness your legal team will be able to estimate the full cost of the medical bills that are suitable for compensation.

While the majority of these cases are not the result of medical negligence however, there have been instances where a doctor has been negligent prior to or during labor and delivery. A doctor may prescribe a medication which harms an infant before it is born, or make a mistake during surgery.

Our birth defect attorneys have successfully pursued cases where a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the chance that she would give birth to a child suffering from birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to harmful chemicals when they work.