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Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's not possible. When this happens, it's crucial that parents who are stunned seek out the help of experienced birth defect lawyers.

Birth problems and injuries can result from medical malpractice or drugs that pose a risk as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of medical care in their area of expertise. This may include not performing prenatal tests or prescribing medications that increase the risk of birth defects, or making an error during labor or delivery.

Birth defects and birth injuries are often caused by environmental and genetic factors however, they can also be caused by a doctor's negligence. For example, if a physician fails to detect an inborn disability and then fails to notify the parents of this impairment, parents can pursue a wrongful birth defect law firms lawsuit seeking compensation for the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician owed the patient a duty of care, that the doctor violated that duty, the doctor's actions or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic losses due to the injuries. These damages may include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth defects and injuries are preventable with timely testing and monitoring during pregnancy, so it's essential for pregnant women to adhere to their doctor's recommendations about prenatal visits. If you suspect that medical negligence caused your child's birth defects seek out a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects may be of different severity and affect the way that the child behaves, looks and functions. Some are minor, whereas others can cause serious problems and even be fatal.

Birth birth defects can be caused by genetic anomalies or a range of chemcial and environmental causes. Exposure to toxic chemicals, for example could cause serious problems in a newborn. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

In the scientific literature, it has been established that certain chemicals and toxins can traverse the placenta and affect the unborn child. These chemicals are teratogenic. The exposure to these teratogenic chemicals may cause birth defects such as the cleft lip and palate, spina bifida and muscular dystrophy.

While they are working, mothers are exposed to a range of toxic chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol ethers (EGE) which are used in the manufacture of semiconductors. Parents may also be exposed to these poisons when they consume certain over-the-counter and prescription drugs. Many pharmaceuticals have not been thoroughly tested on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of various chemicals and toxins in the home, at work and in food can increase the risk of developing birth defects. These include pesticides, fungicides lead, heavy metals, certain paints and other chemical substances. Exposure to these toxins is often inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable determine exactly what causes the birth defect in a specific way. It is possible that an interaction between multiple factors may cause the condition, but the difficulty is assessing the interactions in real-time. The National Children's Study is important because it is in progress in a variety of states. The NCS will enroll 100,000 women from representative populations and will follow them throughout their lives and also their children. This study will provide the most complete data to date on how various environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty because they believe they were responsible for the defect. However, these birth defects are usually unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families with children with birth defects.

Product Liability

Birth defects can be caused by many causes, from drug or alcohol use during pregnancy to genetic. Fortunately, most of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided, you may be able to recover damages in an action for birth defects.

A New York birth defect attorney will be able help you determine if your child's illness is due to a medication, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical expenses for your child's condition depending on the severity.

Although the vast majority are not due to medical negligence there are instances where a doctor was negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication which harms a baby before it is born, or make a mistake during surgery.

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