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Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes that's not possible. When this happens, it's essential that parents who are stunned seek the assistance of a seasoned birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a physician fails to adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. It could be a failure to perform routine prenatal tests or prescribing medication that increases the likelihood of birth defect, or making a mistake during the labor and delivery.

Birth defects and birth injury can be caused by environmental and genetic factors however, they can also be the result of an error by a doctor. For instance when a doctor fails to detect a congenital disability in utero and fails to notify parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong expenses associated with the disabled child.

In order to prevail in a medical malpractice case in birth defect cases the plaintiff must demonstrate that the doctor was in breach of a duty of care to the patient, that he failed to fulfill that duty, that his actions or lack of action directly led to damage and injuries, and that the patient suffered economic and noneconomic damage because of the injuries. These damages might include the costs of medical bills lost wages as well as pain and suffering and emotional distress.

Some birth defects and injuries are preventable by prompt testing and monitoring during pregnancy, so it's vital for pregnant women adhere to their doctor's recommendations about prenatal visits. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

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

The causes of a child's birth defects could be due to genetic anomalies or a wide range of environmental and chemical factors. Exposure to harmful chemicals, for example could cause serious problems in the newborn. Our firm is committed in bringing employers to account when they expose pregnant mothers or their unborn babies to harmful substances or medications.

It is well-established in scientific research that certain toxins as well as chemicals can enter the placenta and affect the unborn baby. These toxins are called teratogenic. These teratogenic chemicals may cause birth defects, such as lips, palates, and clefts as well as spina bifida.

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

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only reason. Many different chemicals and toxins found in our homes or workplace can increase the risk of a birth defect attorney defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are unable to pinpoint exactly what causes the birth defect in a specific way. It could be that a combination of factors could cause the condition. The trick is to assess these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enroll 100 women from the representative population and will follow them and their children over the long-term. This study will provide the most complete data to date on how many environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child are resentful because they believe they contributed to it. However, these defects are not always preventable. Our birth defect lawyers understand this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by a variety of factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes are preventable. If your child was diagnosed with a medical condition that could have been avoided, you may be able to claim damages in a lawsuit involving birth defects.

A New York birth defect lawyer can assist you determine whether your child's condition is the result of a medication, chemical exposure or other environmental trigger that could be eligible for compensation. Your legal team will calculate the total cost of medical bills associated with your child's condition according to the severity.

Although the vast majority of birth injuries are not due to medical negligence, there have been cases where doctors have been negligent during or before labor and delivery. A doctor could prescribe a medication that could harm a baby, even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully litigated cases where a mother's health medical professional was exposed to prescription drugs or toxic chemicals which increased the chances that she could give birth to a child suffering from birth defects. We also brought birth defect lawsuits against companies who expose workers to dangerous substances while working, such as a paint factory or semiconductor manufacturing companies.