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Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes that's impossible. When this happens, it's crucial that parents who are stunned seek the assistance of experienced birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in their area, it is considered medical malpractice. This could include failing to conduct routine prenatal testing and prescribing a medication that increases the likelihood of birth defect or committing a lapse during labor and delivery.

Birth defects and birth injuries are often caused by genetic and environmental factors, however, they could also be a result of the negligence of a physician. For instance the case where a doctor fails to detect the presence of a congenital defect in utero and fails to notify parents of this disability, the parents can file a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the physician violated this duty, the doctor's actions or failure to act directly caused injuries and damages and that the victim was harmed economically and non-economically as a result of the injuries. These damages could include costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth injuries and defects are preventable by timely testing and monitoring during pregnancy. It's crucial for pregnant women to adhere to their doctor's recommendations regarding their prenatal visits. If you suspect that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year, thousands of children are born with a kind of birth defect within the United States. These defects are of various degrees and impact the way a child acts, looks and performs. Some are minor, while others can cause serious issues that could be fatal.

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

It is well-established in scientific literature that certain toxins and chemicals can enter the placenta and affect the unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals may cause birth defects like cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

While working, many mothers are exposed of toxic chemicals. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the manufacture of semiconductors. Parents may also be exposed toxins when they are consuming certain over-the-counter and prescription drugs. Many medications have not been tested properly on pregnant women and have caused birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause but it's not the only reason. The presence of various chemicals and toxins in the home, at work 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 other chemical compounds. Exposure to toxic substances is nearly always inevitable. However, if companies do not take precautions to protect pregnant employees they are negligent and could be held accountable.

Researchers aren't able to identify the exact cause of the birth defect in a specific way. It could be that an interaction between multiple factors may cause the problem, but the issue is evaluating these interactions in real-time. The National Children's Study is important since it is currently in process in several states. The NCS will enroll 100 women from the representative population and follow them and their children over the long term. This study will provide the most complete data to date on how different environmental factors affect fetal and child health.

Many parents who have a birth defect in their child are resentful believing that they are responsible for it. However, these birth defects are usually inevitable. Our birth defect lawyers understand this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. However, many of these causes can be avoided. If your child was born with a medical condition that could have been avoided and you are entitled to compensation through an action for birth defects.

A New York birth defect lawyer will be able to help you determine if your child's illness was caused by a medication, chemical exposure or another environmental trigger that is a reason to seek compensation. Your legal team will calculate the total cost of medical expenses for your child's condition according to the severity.

While the vast majority of birth defects aren't caused by medical negligence, there are cases where a doctor or healthcare worker has been negligent prior to or during labor and delivery. A doctor could prescribe a medication that can harm a baby before birth defect law firm, or make an error in surgery.

Our birth defect lawyers have successfully prosecuted cases against drug companies where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child developing birth defect. We have also brought birth defect lawsuits against companies that expose employees to dangerous chemicals while working for example, a paint factory or semiconductor manufacturing companies.