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Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's impossible. If this happens, it's crucial that parents who are shocked seek out the help of experienced birth defects lawyers.

Birth defects and injuries can result from medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defects law firm can help.

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in his or her field, it's 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 birth defect lawsuit.

Birth defects and birth injury are usually the result of environmental and genetic factors however, they could also be the result of the negligence of a doctor. If a doctor fails detect congenital disabilities during pregnancy, and then fails not to inform parents of the problem of the condition, parents might be in a position to file a lawsuit for compensation due to a birth defect for all the costs related to their child's disability.

In order to prevail in a medical malpractice claim in birth defects, the plaintiff must prove that the doctor was in breach of a duty of care to the patient, and that he violated this duty, that his actions or lack of action directly triggered damages and injuries and that the patient suffered economic and non-economic losses as a result of the injuries. These damages could include medical expenses, lost wages and emotional stress.

Prenatal visits are necessary to ensure that pregnant women receive the required testing and monitoring. If you suspect that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These defects vary in severity and affect how a child appears and behaves in life. Some are minor, while others can cause serious issues that could be fatal.

Birth defects can be caused by genetic defects or a range of environmental and chemcial factors. Exposure to toxic chemicals, for example could cause serious problems in a newborn. Our firm is committed to holding employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.

In scientific research, it is known that certain chemicals and toxins can traverse the placenta to affect an unborn baby. These toxins are called teratogenic. The exposure to these teratogenic chemicals can cause birth defects, such as the cleft palate and lips, spina bifida and muscular dystrophy.

While they are working, mothers are exposed to a variety of toxic chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. These toxins can also be ingested by parents when they take certain prescription or over-the-counter medications. Many pharmaceuticals have not been thoroughly tested on pregnant women and have resulted in birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only cause. Many different chemicals and toxins that are found in the home or workplace could increase the chances of a birth defect lawsuit defect. These include pesticides, fungicides, lead, heavy metals, certain paints and many other chemical compounds. Exposure to toxic substances is nearly always inevitable. However, if companies fail to protect pregnant workers, they're negligent and could be held accountable.

Researchers are still unable to pinpoint the precise cause of a birth defect. It could be that an interaction between several factors can cause the condition, but the difficulty is assessing these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100 women from the representative population and follow them and their children for the long-term. This study will provide the most comprehensive data available on how a variety of environmental factors impact fetal as well as child health.

Many parents suffering from a birth defect in their child feel guilty for having contributed to the disorder, but it is often the case that these kinds of problems are not a choice. Our birth defect lawyers know this and are dedicated to families who seek justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition which could have been avoided it is possible to get compensation in an action for birth defects.

A New York birth Defect law firms defect attorney will be able help you determine if the condition of your child is due to a medication, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical expenses related to your child's condition according to the severity.

Although the vast majority of birth injuries are not caused due to medical negligence there are instances in which a doctor was negligent during or before labor and delivery. A doctor may prescribe a medication in a way that causes harm to a baby even before the birth, or make an error during surgery.

Our birth defect attorneys have successfully pursued allegations that a mother's health care provider was exposed to prescription drugs or toxic chemicals which increased the chances that she will give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to toxic chemicals while at work.