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Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's impossible. If this happens, it's important that parents who are stunned seek the assistance of a seasoned birth defects lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical negligence occurs when a doctor is in violation of the accepted standard of medical care in their field. It could be a failure to conduct routine prenatal testing, prescribing medication that increases the risk of a birth defect or making a misstep during the labor and delivery.

Birth birth defects and birth injuries are usually due to genetic and environmental factors, but sometimes they are the result of the negligence or malpractice of a doctor. If a physician fails to detect congenital problems in utero, and then fails not to inform parents of the problem they may be able to file a claim for wrongful birth seeking compensation for all expenses that are associated with their disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the doctor violated this duty, the doctor's negligence or failure to act caused injuries and damages, and that the victim was harmed economically and non-economically as a result of the injuries. These damages may include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy. It's important for pregnant women to follow their doctors' advice about prenatal visits. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can range in severity and impact the way a child looks and behaves in life. Some are minor, while others can cause serious issues and even be fatal.

The reasons for a child's birth defect law firm defects can be attributed to genetic anomalies or a wide variety of environmental and chemical factors. Exposure to harmful chemicals, for instance could cause serious problems in babies. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or drugs.

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

Many mothers are exposed many toxic chemicals when they are at work. These chemicals can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents can also be exposed chemicals when they consume certain over-the-counter and prescription drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure is also a major factor. The presence of a variety of chemicals and toxins in the workplace, at home and in food items can increase the risk of developing birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints, and many other chemical compounds. Exposure to these toxic substances is almost always inevitable. However, if companies fail to protect pregnant workers, they are negligent and could be held responsible.

Researchers aren't able to identify the exact cause of the birth defect in a specific way. It is possible that an interaction between a variety of factors could cause the condition, but the difficulty is evaluating the effects of these interactions in real time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100,000 women from representative population and follow them throughout their lives, as well as their children. This study will provide the most complete data to date on how various environmental factors impact fetal as well as child health.

Many parents who suffer from a birth defect in their child are resentful because they believe they were responsible for the defect. However, these issues are usually inevitable. Our birth defect lawyers recognize this and are committed to families who seek justice for children who suffer from birth defects.

Product Liability

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

A New York birth defect attorney will be able to help you determine if your child's illness is due to the use of a medicine, 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.

While the majority of these cases are not the result of medical negligence, there have been cases in which a doctor was negligent during or before labor and birth. A doctor could prescribe a medicine incorrectly, which can harm a baby before the birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims in which a mother’s health medical professional was exposed to prescription drugs or toxic chemicals which increased the chances that she would give birth to a child with birth defects. We also have filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to dangerous chemicals when they work.