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Birth Defect Lawsuits

Parents wish their children to be perfect, but sometimes it's not possible. If this happens it is vital for parents to seek out the assistance of skilled birth defect lawyers.

Birth problems and injuries can be caused by medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York birth defect law firm can help you find answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of medical care in their field. This could include failing to perform prenatal screening or prescribing drugs which increase the chance of birth defects or committing an error during labor or delivery.

Birth defects and birth injuries are usually caused by environmental and genetic causes, however, they could also be caused by the negligence of a physician. For instance, if a physician fails to detect a congenital disability in utero and fails to inform parents of the disability, the parents may file a wrongful birth claim seeking compensation for the ongoing expenses associated with the disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician was obligated to the patient to perform a duty of care, that the doctor breached 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 damage due to his or her injuries. These damages could include medical bills, lost wages and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that medical malpractice caused your child's birth defects seek out a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects can be of varying severity and affect the way that children behave, appear and functions. Some are minor while others can cause serious issues that could be fatal.

The reasons for a child's birth defects could be due to genetic abnormalities or a variety of environmental and chemical factors. For example, exposure to toxic chemicals can cause serious problems for newborns. Our firm is committed in holding employers accountable when they expose pregnant women or their unborn children to harmful drugs or substances.

In the scientific literature, it has been established that certain chemicals and toxins can be transmitted through the placenta, affecting the unborn child. These chemicals are teratogenic. These teratogenic chemicals can cause birth defects like the cleft palate, lips and spina Bifida.

Many mothers are exposed to various toxic chemicals while working. These chemicals can be inhaled or ingested, or simply absorbed through the skin. These chemicals include industrial solvents like EGE or ethylene glycol (EGE) employed in the manufacture of semiconductors. These contaminants can also be ingested by parents 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

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only one. Numerous different chemicals and toxins found in the home, workplace and food can increase the risk of a birth defect. These include fungicides, pesticides lead, heavy metals, certain paints and other chemical substances. Exposure to toxic substances is nearly always inevitable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still trying to determine the exact cause of a birth defect. It could be that an interaction between a variety of factors could cause the problem, but the issue is assessing these interactions in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from a representative population and track their progress over time, as well as their children. This study will provide the most comprehensive data to date on how various environmental factors impact fetal as well as child health.

Many parents suffering from a child's birth defect are resentful that they have contributed to the disorder, but it is often the case that these kinds of defects are not a choice. Our birth defect attorneys understand this and are dedicated in helping families with children with birth defects.

Product Liability

Birth problems can be caused by a variety causes, from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes can be prevented. If your child was born with a medical issue that could have been avoided and you are entitled to claim damages in an action for birth defects.

A New York birth defect attorney will be able to help you determine if your child's condition is caused by the use of a medicine, chemical or environmental exposure that qualifies for compensation. The legal team of your lawyer can estimate the total cost of medical bills for your child's condition depending on the severity.

Although the vast majority of birth injuries are not due to medical negligence, there have been cases where doctors have been negligent during or prior to labor and delivery. A doctor might incorrectly prescribe a medication that harms an infant before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully litigated claims where 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 baby with birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to harmful chemicals at work.