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Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. When that happens it is imperative that stunned parents seek the help of experienced birth defect lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defects law firm can assist.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in his or her area, it is deemed medical malpractice. This could include failing to perform prenatal testing, prescribing medications that increase the chance of birth defects or committing an error during labor and delivery.

Birth defects and birth injury are usually caused by genetic and environmental factors, however, they can also be caused by the negligence of a doctor. For example the case where a doctor fails to recognize a congenital disability in utero and fails to inform parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor owed the patient a duty of care, that the doctor did not fulfill this duty, that the doctor's negligence or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include medical bills and lost wages, as well as emotional stress.

Prenatal visits are essential to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that your child's birth defect is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These birth defects can be of varying severity and impact the way a child acts, looks and performs. Some are minor, but others can lead to serious issues that could be fatal.

The causes of birth defects can stem from genetic abnormalities or a range of chemical and environmental factors. Exposure to toxic chemicals, for example, can cause serious complications in babies. Our company is committed to making employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

It is well-established in the scientific research that certain toxins and chemicals can cross the placenta and harm the unborn baby. These toxins are known as teratogenic. These teratogenic chemicals could cause birth defects like the cleft palate, lips and spina Bifida.

Many mothers are exposed a wide variety of harmful chemicals when they are at work. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvents, such as EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. These toxic substances can also be consumed by parents when they take certain prescription or over-the-counter medications. This is due to the fact that a number of drugs are not adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defect lawsuit defects, exposure to environmental factors is also a major factor. A variety of toxins and chemicals that are present in the home or workplace could increase the chances of having a birth defect. These include fungicides, pesticides and lead, as well as heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is nearly always inevitable. However, when employers fail to safeguard pregnant employees they are negligent and can be held responsible.

Researchers are still trying to find the exact cause of a birth defect. It is possible that a combination between several factors can cause the condition, but the challenge is assessing the effects of these interactions in real time. This is why the National Children's Study, now beginning to be conducted in various states, is so important. The NCS will enrol 100,000 women from a variety of populations and will follow them and their children over the course of time. This study will provide the most comprehensive data available on how many environmental factors influence fetal and child health.

Many parents who suffer from a birth defect in their child feel guilt because they believe they were responsible for the defect. However, these issues are usually inevitable. Our birth defect lawyers recognize this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth problems can be caused by many causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, most of these causes can be avoided. If your child was born with a medical issue that could have been avoided and you are entitled to compensation through a birth defect lawsuit.

A New York birth defect attorney will be able help you determine if your child's illness is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition the legal team will also be able to calculate the total cost of associated medical bills that are admissible for compensation.

While the majority of these cases are not caused due to medical negligence however, there have been instances in which a doctor was negligent during or prior to labor and delivery. A doctor could incorrectly prescribe a medication that injures a baby before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her child developing birth defects. We have also filed birth defect lawsuits against companies who expose workers to hazardous substances at work in a paint factory or semiconductor manufacturing company.