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Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not possible. When that happens it is vital for parents to seek out the assistance of skilled 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 provide answers.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of medical care in their area of expertise. This could mean failing to perform prenatal screening or prescribing medications 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 factors however, they could also be caused by an error by a doctor. For instance, if a physician does not recognize an inborn disability and fails to notify parents of this impairment, parents can file a wrongful birth claim seeking compensation for the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the doctor did not fulfill this duty, that the doctor's actions or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic damage as a result of the injuries. These damages could include costs of medical bills lost wages as well as pain and suffering and emotional distress.

Certain birth problems and injuries can be avoided through timely testing and monitoring during pregnancy, so it's important for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you believe that the birth defect of your child is due to medical malpractice, speak to an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect in the United States. These defects are of various degrees and impact the way children behave, appear and performs. Some are minor, but others can cause serious problems and even be fatal.

The causes of a child's birth defects can stem from genetic defects or a variety of chemical and environmental factors. For instance exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed in bringing employers to account 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 may cross the placenta to affect an unborn baby. These toxins are known as teratogenic. The exposure to these teratogenic chemicals can cause birth defects, such as the cleft lip and palate as well as spina bifida, and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals while they are working. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) employed in the manufacture of semiconductors. These contaminants can also be ingested by parents who take certain prescription or over-the-counter medications. This is due to the fact that many drugs are not properly 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 not the only one. The presence of numerous chemicals and toxins at the workplace, at home and in food items can increase the risk of developing birth defects. These include fungicides, pesticides and lead, as well as heavy metals, certain paints and many other chemical substances. Exposure to toxic substances is almost 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 precise cause of a birth defect. It could be that an interaction between a variety of factors could cause the condition, but the difficulty is evaluating 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 enroll 100,000 women from a representative population and follow their progress over time as well as their children. This study will provide the most comprehensive data on the effects of environmental factors on the health of a child's fetus and.

Many parents who have a birth defect in their child feel guilt because they believe they caused it. However, these birth defects are usually inevitable. Our birth defect lawyers know this and are committed to helping families seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, most 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 a lawsuit for birth defects.

A New York birth defect lawyer can help you determine whether your child's illness is caused by a medication, chemical exposure or any other environmental cause which is eligible for compensation. The legal team of your lawyer can estimate the total cost of medical bills associated with your child's condition according to the severity.

Although the vast majority of birth injuries are not the result of medical negligence there are instances where doctors have been negligent prior to or during labor and birth. A doctor may prescribe a medication in a way that could harm a baby, even before birth, or may make an error during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies in cases where a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her child developing birth defects. We have also filed birth defect lawsuits against semiconductor and paint factories that expose their workers harmful chemicals during their work.