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Birth Defect Lawsuits

Parents want their children to be perfect, but at times that's not possible. When that becomes a reality it is imperative for parents to seek the help of seasoned birth defect lawyers.

Birth defects and injuries can result from medical malpractice or drugs that pose a risk and exposure to environmental factors. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical malpractice is when a doctor violates the accepted standard of care in his or her area of expertise. This may include failing to perform prenatal screening or prescribing medications that increase the chance of birth defects or making a mistake during labor and birth.

Birth defects and birth injuries can be due to genetic and environmental factors, but sometimes they are the result of a doctor's negligence or malpractice. If a doctor fails to detect congenital disabilities in utero and fails to notify parents, the parents may be in a position to file a lawsuit for compensation due to a birth defect for all costs related to their child's disability.

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 breached this duty, that the doctor's negligence or failure to act caused injuries and damages, and that the victim suffered economic and non-economic damage as a result of his or her injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects are of various degrees and impact the way children behave, look and functions. Some are minor, while others can cause serious problems and even lead to death.

Birth defects can result from genetic defects or a range of chemcial and environmental causes. Exposure to harmful chemicals, for example can trigger serious complications in the newborn. Our firm is committed to bringing employers to account when they expose pregnant women or their unborn children to harmful chemicals or medications.

In scientific literature, it is established that certain chemicals and toxins may traverse the placenta to affect an unborn baby. These toxins are known as teratogenic. These teratogenic chemicals may cause birth defects like lip clefts, palates, and spina Bifida.

While working, mothers are exposed to a variety of harmful chemicals. These chemicals can be consumed or inhaled, or absorbed by the skin of the body. These chemicals comprise industrial solvents such as EGE or ethylene glycol (EGE) employed in the production of semiconductors. Parents may be exposed to these toxins when they are consuming certain prescription or over-the-counter medications. Many drugs have not been adequately tested on pregnant woman and have led to 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. The presence of numerous toxins and chemical compounds in the home, at work and in food can increase the risk of birth defects. Pesticides and fungicides are among the most prevalent. Paints, birth defect heavy metals heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the specific cause of a birth defect. It is possible that a combination with multiple factors could trigger the problem, but the issue is assessing these interactions in real-time. The National Children's Study is important since it is currently in process in a variety of states. The NCS will enroll 100,000 women from diverse populations and will follow them and their children over the long-term. This study will provide the most comprehensive data to date about how many environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty and believe that they were responsible for the defect. However, these birth defects are not always preventable. Our birth defect lawyers recognize this and are dedicated to families seeking justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by many causes, birth defect ranging from drugs or alcohol use during pregnancy to genes. Fortunately, most of these causes are preventable. If your child was born with a medical condition which could have been prevented, you may be entitled to recover damages 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 a medication, chemical or environmental exposure that qualifies for compensation. Your legal team will calculate the total cost of medical bills for your child's condition based on the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are occasions where a doctor or healthcare worker was negligent prior to or during labor and delivery. A doctor could prescribe a medication that can harm a baby before the birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted cases against drug companies when a mother's medical healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her having a child born with birth defects. We also have brought birth defect lawsuits against companies that expose their workers to harmful substances at work for example, a paint factory or semiconductor manufacturing company.