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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's impossible. If this happens, it is essential that parents who are in shock seek the help of seasoned birth defect lawyers.

Birth injuries and birth defects could result from medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York birth defect law firm can provide answers.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in his or her area, it is deemed medical malpractice. This could mean failing to perform routine prenatal testing or prescribing medication that increases the likelihood of a birth defect or committing a lapse during labor and birth.

Birth defects and birth injuries are usually caused by genetic or environmental factors, but sometimes they are the result of medical negligence or malpractice. If a physician fails to detect congenital defects in utero and fails to notify parents they may be able to file a claim for wrongful birth seeking compensation for all the costs for their child's disabilities.

In order to prevail in a medical negligence case in birth defects the plaintiff must show that the doctor was bound by a duty of duty 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 was a victim of economic and non-economic damages because of the injuries. These damages could include the costs of medical bills lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the proper tests and monitoring. If you suspect that your child's birth defect 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 some kind of birth defect within the United States. These birth defects can range in severity and affect the how a child appears, behaves and performs in life. Some are minor while others can cause serious issues that could be fatal.

Birth birth defects can be caused by genetic anomalies or a range of environmental and chemcial factors. Exposure to toxic chemicals, for instance could cause serious problems in the infant. Our firm is determined to hold employers accountable for exposed pregnant women and their unborn babies to harmful substances or drugs.

It is well-established in the scientific research that certain toxins as well as chemicals can pass through the placenta and harm an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals could cause birth defects like the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed an array of toxic chemicals while they are working. These chemicals can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) used in the manufacture of semiconductors. These toxins can also be ingested by parents when they consume certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been tested properly on pregnant women and have resulted in birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. Many different chemicals and toxins found in the home workplace, food and work environment can increase the chance of a birth defect. This includes fungicides and pesticides and lead, as well as heavy metals, certain paints, and many other chemical substances. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It could be that an interaction between multiple factors may cause the condition, but the challenge is assessing the effects of these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from a representative population and track them over time and their children. This study will provide the most comprehensive data to date about how various environmental factors affect fetal and child health.

Many parents who have a birth defect in their child feel guilt because they believe they contributed to it. However, these defects are usually inevitable. Our birth defect lawyers understand this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be prevented. If your child was born with a medical condition that could have been avoided, you may be entitled to claim damages in an action for birth defects.

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

Although the vast majority of birth injuries are not caused due to medical negligence there are instances where a doctor has been negligent during or before labor and birth. A doctor could prescribe a medication in a way that causes harm to a baby even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child with birth defects. We also have brought birth defect lawsuits against paint factories and semiconductor producers who expose their workers to toxic chemicals while in the workplace.