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Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's impossible. When that becomes a reality it is crucial that parents in shock seek the help of experienced birth defect lawyers.

Birth defects and injuries can be caused by medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York birth defect law firm can help you find answers.

Medical Malpractice

When a doctor fails adhere to the accepted standards of practice in his or her region, it's deemed medical malpractice. This might involve failing to conduct routine prenatal tests, prescribing medication that increases the likelihood of a birth defect or committing a lapse during the labor and delivery.

Birth defects and birth injury are usually the result of environmental and genetic factors but they can also be the result of the negligence of a physician. For Birth defect lawsuits instance in the event that a physician is unable to identify an inborn disability and fails to notify parents of the disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifetime expenses incurred by the disabled child.

In order to win a medical negligence case in birth defects the plaintiff has to prove that the doctor owed a breach of care to the patient, and that he violated this duty, that his actions or lack of action directly resulted in injuries and damages and that he or she suffered economic and non-economic losses from the injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth defects and injuries are preventable through timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to follow their doctors' recommendations regarding prenatal appointments. If you believe that your child's birth defect is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year, thousands of children are born with some form of birth defect in the United States. These birth defects can be of various severity and affect the way that children behave, look and functions. Some are minor, but others can cause serious issues and even lead to death.

The reasons for a child's birth defects can be attributed to genetic abnormalities or birth defect lawsuits a range of environmental and chemical factors. Exposure to harmful chemicals, for instance can trigger serious complications in babies. Our firm is committed in making employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

In scientific research, it is known that certain chemicals and toxins can cross the placenta to affect the unborn child. These chemicals are referred to as teratogenic. Exposure to these teratogenic chemicals could cause birth defects such as the cleft lip and palate as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals while they are at work. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the production of semiconductors. These contaminants can also be ingested by parents when they consume certain prescription or over-the-counter medications. Many pharmaceuticals have not been thoroughly tested on pregnant woman and have caused birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defects, environmental exposure can also play a role. The presence of many different chemicals and toxins in the home, at work and in food can increase the risk of birth defects. These include fungicides, pesticides lead, heavy metals, certain paints, and many other chemical substances. Exposure to these toxins is generally inevitable. However, if companies fail to protect pregnant employees, they're negligent and may be held responsible.

Researchers are still trying to find the specific cause of a birth defect. It is possible that an interaction between multiple factors may cause the condition, but the challenge is evaluating these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative populations and will follow their progress over time as well as their children. This study will provide the most complete data available on how many environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child feel guilt and believe that they caused it. However, these issues are usually inevitable. Our birth defect lawyers recognize this and are committed to helping families seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes are preventable. If your child was diagnosed with a medical condition that could have been avoided and prevented, you could be able to seek compensation through a lawsuit for birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's condition was caused by chemical exposure, a drug or any other environmental cause that is eligible for compensation. Based on the severity of your child's illness your legal team will also be able calculate the full cost of the medical bills that are suitable for compensation.

While the vast majority of birth defects aren't caused by medical negligence, there are some instances when a healthcare worker has been negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication which harms the baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers when a mother's medical healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her child being born with a birth defect. We have also brought birth defect lawsuits against companies that expose workers to harmful substances on the job in a paint factory or semiconductor manufacturing company.