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Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not possible. If that happens it is imperative that stunned parents seek out the assistance of skilled birth defect lawyers.

Medical malpractice, dangerous drugs, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

If a physician fails to adhere to the accepted standard of practice in his or her area, it is deemed medical malpractice. This could mean failing to perform prenatal screening or prescribing medications that increase the likelihood of birth defects or committing an error during labor or delivery.

Birth defects and birth injuries can be due to genetic and environmental causes, but occasionally they arise due to the negligence or malpractice of a doctor. If a doctor fails to detect congenital disabilities in utero, and then fails not to inform the parents, the parents may be legally able to file a case for compensation due to a birth defect for all expenses associated with their disabled child.

In order to win a medical malpractice case in birth defects the plaintiff must show that the doctor owed a duty of duty to the patient, that he breached the duty, that his actions or inaction action directly led to damages and injuries, and that he or she suffered economic and noneconomic damages because of the injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Some birth injuries and defects can be prevented through timely testing and monitoring during pregnancy, so it's crucial for pregnant women to adhere to their doctor's recommendations regarding prenatal visits. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These defects can be of varying severity and impact the way the child behaves, looks and performs. Some are minor, while others can lead to serious problems that may be fatal.

The causes of a child's birth defects can stem from genetic defects or a range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious problems for a newborn. Our firm is determined to hold employers accountable for exposing pregnant women and their newborn babies to harmful substances or medications.

It is well-established in the scientific research that certain toxins as well as chemicals can enter the placenta and harm the unborn baby. These chemicals are 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.

While they are working, mothers are exposed to a range of toxic chemicals. These chemicals can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) which are used in the fabrication of semiconductors. These toxins can also be ingested by parents when they consume certain over-the counter and prescription drugs. Many pharmaceuticals have not been adequately tested on pregnant women and may cause birth defect lawsuit defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure can also be a significant factor. The presence of various chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. These include fungicides, pesticides lead, heavy metals, certain paints, and other chemical substances. Exposure to toxic substances is nearly always inevitable. But, when businesses fail to protect pregnant workers, they're negligent and may be held accountable.

Researchers are still unable to pinpoint the root of the birth defect. It could be that an interaction between several factors can cause the condition, but the problem is evaluating the effects of these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from a representative population and monitor their progress over time, as well as their children. This study will provide the most complete information to date on how many environmental factors influence fetal and child health.

Many parents who are suffering from a child's birth defect feel guilty that they may have contributed to the condition, however it's usually the case that these types of defects are inevitable. Our birth defect lawyers understand this and are committed to helping families who have children who have birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be prevented. If your child was born with a medical issue which could have been prevented, you may be 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 caused by a medication, chemical or environmental exposure that is eligible for compensation. Based on the severity of your child's health condition the legal team will be able to estimate the total cost of associated medical expenses that are suitable for compensation.

While the majority of these cases are not the result of medical negligence there are instances where a doctor was negligent prior to or during labor and birth. A doctor might prescribe a medicine incorrectly, which could harm a baby, even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chance of her having a child with a birth defect. We also brought birth defect lawsuits against companies that expose workers to dangerous substances while working like a paint factory or semiconductor manufacturing company.