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Birth Defect Lawsuits

Parents want their children perfect however, sometimes that's not always possible. If this happens, it's important that parents who are shocked seek the help of experienced 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 doctor does not follow the accepted standard of practice in their area, it is deemed medical malpractice. This could mean failing to perform prenatal screening, prescribing medications that increase the risk of birth defects or committing an error during labor and delivery.

Birth birth defects and birth injuries are typically the result of genetic and environmental causes, but sometimes they arise due to an error or negligence of a physician. For example when a doctor does not recognize a congenital disorder in the uterus and fails to notify the parents of this disability, the parents can file a wrongful birth claim seeking compensation for all the lifetime expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician was obligated to the patient to perform a duty of care, that the physician breached this duty, that the doctor's actions, or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include medical expenses, lost wages and emotional stress.

Certain birth injuries and defects can be prevented by timely testing and monitoring during pregnancy. Therefore, it's vital for pregnant women adhere to their doctor's advice regarding prenatal appointments. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can vary in severity and affect the way that a child appears and behaves throughout life. Some are minor, while others can cause serious issues and even lead to death.

The reasons for a child's birth defects may be due to genetic defects or a variety of chemical and environmental factors. Exposure to toxic chemicals, for instance could cause serious problems in the infant. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in the scientific research that certain toxins and chemicals can pass through the placenta to affect an unborn baby. These toxins are teratogenic. The exposure to these teratogenic chemicals could cause birth defects, such as cleft lips and palates, spina bifida and muscular dystrophy.

While they are working, mothers are exposed of harmful chemicals. These chemicals can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents can be exposed to these chemicals when they consume certain prescription and over-the counter drugs. This is due to the fact that a number of drugs aren't adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of many different chemicals and toxins in the workplace, at home and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, when companies do not take precautions to protect pregnant employees they are negligent and could be held responsible.

Researchers have yet to pinpoint the exact cause of a birth defect. It is possible that a variety of factors may cause the condition. The next step is to study these interactions in real time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enroll 100,000 women from diverse populations and will follow them and their children for the long term. This study will provide comprehensive data on the effects of environmental factors on the health of children and fetuses.

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

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes are preventable. If your child was born with a medical issue which could have been prevented, you may be entitled to recover damages 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 chemical exposure, a drug or any other environmental cause that is a reason to seek compensation. Your legal team can calculate the total cost of medical bills that are related to your child's illness according to the severity.

While the vast majority of birth defects are not caused by medical negligence, there are instances where a doctor or healthcare worker is negligent prior to or during labor and birth. A physician may incorrectly prescribe a medication that harms the baby before it's born, or they may commit 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 medication or toxic chemicals that increase the chances of her child being born with birth defects. We also have brought birth defect lawsuits against companies who expose workers to dangerous substances while working like a paint factory or semiconductor manufacturing companies.