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Birth Defect Lawsuits

Parents want their children perfect but sometimes it's not always possible. When that becomes a reality it is imperative that parents who are in shock seek the help of seasoned birth defect lawyers.

Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in his or her field, it's considered medical malpractice. This could mean failing to conduct routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect or making a mistake during labor and delivery.

Birth defects and birth injuries can be caused by genetic and environmental factors, however, they could also be the result of the negligence of a doctor. For example, if a physician does not recognize the presence of a congenital defect in utero and then fails to notify parents of this condition, parents may file a wrongful birth claim seeking compensation for the lifetime expenses associated with the handicapped child.

To win a medical malpractice case in birth defects the plaintiff must demonstrate that the doctor was bound by a duty of care to the patient, and that he did not fulfill that duty, that his actions or lack of action directly resulted in damages and injuries, and that he or she suffered economic and noneconomic damages because of the injuries. These damages could include costs of medical bills lost wages, pain and suffering, and emotional distress.

Some birth defects and injuries are preventable by timely testing and monitoring during pregnancy, which is why it's important for birth defect lawyer pregnant women to adhere to their doctor's advice about prenatal visits. If you suspect that the birth defect of your child is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with a type of birth defect in the United States. These birth defects are of various degrees and affect the way that children behave, look and performs. Some are minor, whereas others can cause serious issues and may even cause death.

birth defect compensation defects can result from genetic disorders or a variety of environmental and chemcial factors. For example exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in scientific literature that certain toxins and chemicals can cross the placenta to affect the 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 to a range of harmful chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. These contaminants can also be ingested by parents when they consume certain prescription or over-the-counter medications. This is due to the fact that many drugs are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors is also a major factor. The presence of various toxins and chemical compounds in the home, at work and in food can increase the risk of birth defects. These include fungicides, pesticides and lead, as well as heavy metals, certain paints and various chemical substances. Exposure to toxic substances is almost always inevitable. However, when companies fail to safeguard pregnant employees they are negligent and could be held accountable.

Researchers are still unable to pinpoint the exact cause of a birth defect. It could be that an interaction between a variety of factors could cause the condition, but the difficulty is evaluating the interactions in real-time. The National Children's Study is important because it is in progress across several states. The NCS will enroll 100,000 women from a representative population and follow them over time and their children. This study will provide the most complete data to date on how many environmental factors influence fetal and child health.

Many parents who are suffering from a birth defect attorney defect in their child are resentful that they have contributed to the disorder, but it is often the case that these kinds of defects are unavoidable. Our birth defect attorneys understand this and are committed to helping families with children with birth defects.

Product Liability

Birth problems can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to recover damages in an action for birth defects.

A New York birth defect lawyer will be able to assist you determine whether your child's condition was caused by a medication, chemical exposure or any other environmental cause that is eligible for compensation. Based on the severity of your child's illness your legal team will be able to estimate the total cost of medical bills suitable for compensation.

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

Our birth defect attorneys have successfully defended allegations that a mother's health healthcare provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she would give birth defect lawsuit to a baby with birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to toxic chemicals while when they work.