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Birth Defect Lawsuits

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

Birth injuries and birth defects can be caused by medical negligence and drugs that are harmful as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in their field, it's considered medical malpractice. This may include failing to perform prenatal testing, prescribing medications that increase the likelihood of birth defects, or making an error during labor and delivery.

Birth birth defects and birth injuries are usually the result of genetic and environmental causes, however sometimes they are the result of a doctor's negligence or malpractice. For example when a doctor is unable to identify a congenital disorder in the uterus and fails to notify the parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases demands that the physician has a responsibility to the patient of care, that the doctor did not fulfill this duty, that the doctor's actions or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damages due to the injuries. These damages could include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the proper testing and monitoring. If you suspect that medical negligence caused the birth defect of your child Contact a medical negligence and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can vary in severity and affect manner in which a child looks, acts and functions in life. Some are minor, but others can cause serious issues that could be fatal.

The causes of birth defects can stem from genetic defects or a range of environmental and chemical factors. For example, exposure to toxic chemicals can cause serious complications for newborns. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or drugs.

In scientific literature, it is well-established that certain chemicals and toxins can cross the placenta to affect an unborn child. These chemicals are referred to as teratogenic. These teratogenic chemicals could cause birth defects, such as the cleft palate, lips and spina bifida.

While they are working, mothers are exposed of harmful chemicals. These chemicals can be consumed, inhaled or absorbed through the body's skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents can be exposed to these toxic substances when they consume certain over-the-counter and prescription drugs. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, environmental exposure is also a major cause. Numerous different chemicals and toxins that are present in the home or workplace can increase the likelihood of a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints, and various chemical compounds. Exposure to these toxins is often inevitable. If employers fail to protect their pregnant employees, this is negligence and they can be held accountable.

Researchers are still unable pin down exactly what causes a particular birth defect. It is possible that a combination of factors can trigger the condition. The next step is to assess the effects of these factors in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from diverse populations as well as follow them and their children for the long term. This study will provide the most comprehensive data to date about how different environmental factors impact fetal and child health.

Many parents who have a birth defect in their child feel guilty and believe that they caused it. But, these problems are often unavoidable. Our birth defect lawyers are aware of this and are committed to helping families who have children with birth defects.

Product Liability

Birth problems can be caused by many causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, the majority of these issues can be prevented. If your child was born with a medical condition which could have been prevented, you may be entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine whether your child's condition was caused by chemical exposure, a drug or other environmental factor which is eligible for compensation. Your legal team can estimate the total cost of medical bills related to your child's condition based on the severity.

Although the majority of birth defects aren't caused by medical negligence, there are cases where a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor might prescribe a medication that causes harm to a baby even before birth, or may make an error in surgery.

Our birth defect attorneys have successfully defended allegations that a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the risk that she would give birth to a child who has birth defects. We have also brought birth defect lawsuits against companies that expose their workers to harmful substances in the workplace, such as a paint factory or semiconductor manufacturing company.