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Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not possible. If this happens, it's vital that parents who are stunned seek out the help of experienced birth defect lawyers.

Birth defects and injuries can be caused by medical negligence or drugs that pose a risk or exposure to environmental toxins. A New York birth defects law firm can assist.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in his or her field, it's considered medical malpractice. This could include failing to perform routine prenatal tests or prescribing medication that increases the likelihood of a birth defect or making a mistake during labor and birth.

Birth defects and birth injury can be caused by genetic and environmental factors, however, they can also be caused by the negligence of a physician. For instance the case where a doctor does not recognize a congenital disorder in the uterus and then fails to notify parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the ongoing costs 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 breach of duty to the patient, and that he did not fulfill this duty, that his actions or lack of action directly triggered injuries and damages and that the patient was a victim of economic and non-economic damages due to the injuries. These damages could include medical expenses and lost wages, as well as emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with a birth defect. These defects can vary in severity and impact the way that a child appears, acts and functions in life. Some are minor and others can lead to serious issues that could be fatal.

Birth birth defects can be caused by genetic defects or a range of environmental and chemcial factors. For instance exposure to toxic chemicals could cause serious health issues for newborns. Our firm is committed in making employers accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

It is well-established in the scientific studies that certain toxicants and chemicals can cross the placenta to affect an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals may cause birth defects like lips, palates, and clefts as well as spina bifida.

Many mothers are exposed an array of toxic chemicals while at work. These chemicals can be inhaled, inhaled or absorbed into the body's skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents can be exposed to these toxic substances when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause, but it's not the only one. The presence of various chemicals and toxins in the home, at work and in food items can increase the risk of birth defects. These include fungicides, pesticides lead, heavy metals, some paints and various chemical compounds. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers have yet to pinpoint the specific cause of a birth defect. It is possible that a variety of factors could cause the condition. The next step is to evaluate these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so crucial. The NCS will enroll 100 women from the representative population and follow them and their children for the long-term. This study will provide the most comprehensive information to date on how different environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt believing that they are responsible for it. However, these defects are usually unavoidable. Our birth defect lawyers know this and are dedicated to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was born with a medical condition that could have been prevented and you are entitled to claim damages through a birth defect lawsuit.

A New York birth defect lawyer can help you determine if your child's condition was caused by an exposure to chemicals, medication or other environmental trigger that is eligible for compensation. Depending on the severity of your child's condition your legal team will also be able to determine the total cost of medical bills eligible for compensation.

Although the majority of birth defects are not caused due to medical negligence, there are occasions where a healthcare worker is negligent prior to or during labor and delivery. A doctor might prescribe a medicine incorrectly, which causes harm to a baby even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her having a child with birth defect. We have also filed birth defect lawsuits against companies that expose their workers to dangerous substances at work in a paint factory or semiconductor manufacturing companies.