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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's impossible. If this happens, it is essential for parents to seek the assistance of experienced birth defect lawyers.

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

Medical Malpractice

When a doctor fails to adhere to the accepted standard of practice in his or her area, it is considered medical malpractice. This could include failing to perform prenatal screening, prescribing medications which increase the chance of birth defects or making a mistake during labor and delivery.

Birth defects and birth injuries are usually caused by environmental and genetic factors, however, they could also be a result of a doctor's negligence. If a doctor fails detect congenital disabilities in utero, and then fails not to inform parents that their child is disabled, parents may be able to file a claim for compensation due to a birth defect for all the costs related to their child's disability.

In order to win a medical malpractice claim in birth defects, the plaintiff must prove that the doctor owed a breach of duty to the patient, and that he violated this duty, that his actions or inaction action directly caused damages and injuries, and that he or she was a victim of economic and non-economic damages from the injuries. These damages could include medical expenses or lost wages, as well emotional stress.

Prenatal visits are necessary to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical malpractice caused the birth defect of your child Contact a medical negligence and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year thousands of children are born with a type of birth defect in the United States. These defects vary in severity and affect the way a child looks, acts and functions in life. Some are minor while others can cause serious issues that could be fatal.

Birth defects can result from genetic anomalies or a range of chemcial and environmental factors. For instance exposure to toxic chemicals could cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their newborn babies to harmful substances or medications.

In scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta to affect an unborn child. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects like lips, palates, and clefts as well as spina bifida.

Many mothers are exposed to many toxic chemicals when they are at work. They can be ingested, inhaled or absorbed into the skin of the body. These chemicals include industrial solvants like ethylene glycol ethers (EGE) which are used in the manufacturing of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription or over-the-counter medications. This is because a lot of pharmaceuticals have not been adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of various chemicals and toxins at the home, at work and in food can increase the risk of developing birth defects. These include pesticides, fungicides, lead, heavy metals, certain paints and other chemical compounds. Exposure to these toxins is often inevitable. However, if companies fail to protect pregnant employees, they are negligent and could be held accountable.

Researchers are unable to pinpoint exactly what causes the birth defect in a specific way. It is possible that a mix of factors could cause the condition. The problem is to study these interactions in real time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from representative population and track them over time and their children. This study will provide the most complete information on the effects of environmental factors on the health of infants and children.

Many parents who suffer from a birth defect in their child feel guilty and believe that they caused it. But, these problems are often unavoidable. Our birth defect lawyers understand this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be cured. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to recover damages in an action 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 other environmental trigger that is eligible for compensation. Depending on the severity of your child's health condition, your legal team will also be able calculate the total cost of medical bills that are admissible for compensation.

Although the majority of birth defects aren't caused due to medical negligence, there are occasions where a healthcare worker was negligent prior to or during labor and birth. A doctor may prescribe a medication in a way that harms a baby even before birth, or may make an error in surgery.

Our birth defect attorneys defect lawyers have successfully defended lawsuits against drug makers in which a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her child being born with a birth defect. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to dangerous chemicals at work.