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Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's impossible. If that happens it is vital for parents to seek the assistance 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 help.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of medical care in their field. This might involve failing to perform routine prenatal testing or prescribing medication that increases the likelihood of a birth defect or committing a lapse during labor and birth.

birth defect lawsuit defects and birth injuries are typically caused by genetic or environmental causes, however sometimes they are caused by a doctor's negligence or malpractice. For example when a doctor is unable to identify the presence of a congenital defect in utero and fails to notify parents of this impairment, parents can pursue a wrongful birth lawsuit seeking compensation for the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor was obligated to the patient to perform a duty of care, that the physician did not fulfill this duty, that the doctor's actions, or failure to act directly led to injuries and damages and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical bills, lost wages and emotional stress.

Prenatal visits are essential to ensure that pregnant women receive the required tests and monitoring. If you believe that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect in the United States. These birth defects can range in severity and affect the manner in which a child looks and behaves throughout life. Some are minor, but others can lead to serious issues that could be fatal.

The reasons for a child's birth defects can stem from genetic disorders or a variety of chemical and environmental factors. Exposure to toxic chemicals, for example, can cause serious complications in a newborn. Our firm is committed to making employers accountable when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

In the scientific literature, it is well-established that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn child. These chemicals are teratogenic. Teratogenic chemicals can cause birth defects like lip clefts, palates, and spina bifida.

Many mothers are exposed to many harmful chemicals when they are working. These chemicals can be inhaled or inhaled, or absorbed by the skin. These chemicals include industrial solvents such as EGE, ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents can also be exposed toxic substances when they consume certain prescription and over-the counter drugs. Many drugs have not been tested properly on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, exposure to environmental factors can also be a significant factor. The presence of many different chemicals and toxins at the workplace, at home and in food items can increase the risk of birth defects. These include pesticides, fungicides lead, heavy metals, some paints and many other chemical compounds. Exposure to these toxins is often inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers aren't able to pin down exactly what causes a particular birth defect. It could be that an interaction between several factors can cause the condition, but the problem is evaluating these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from a representative population and follow them over time and also their children. This study will provide complete information on how environmental factors affect the health of children and fetuses.

Many parents who are suffering from a child's birth defect feel guilty for having contributed to the disorder, but it's usually the case that these kinds of issues are unavoidable. Our birth defect attorneys are aware of this and are committed to helping families who have children who have birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes are preventable. If your child was born with a medical condition that could have been prevented in the first place, you may be able to claim damages through a birth defect lawsuit.

A New York birth defect attorney can assist you to determine if the condition of your child is caused by the use of a medicine, chemical or environmental exposure that is eligible for compensation. Your legal team can estimate the total cost of medical expenses related to your child's condition depending on the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are cases where a healthcare worker was negligent before or during labor and delivery. A doctor could prescribe a medication in a way that causes harm to a baby even before birth, or may make an error in surgery.

Our birth defect attorneys have successfully defended claims in which a mother’s health care provider was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she will give birth to a child with birth defects. We have also filed birth defect lawsuits against companies that expose workers to dangerous substances at work, such as a paint factory or semiconductor manufacturing company.