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Birth Defect Lawsuits

Parents wish their children to be perfect, but at times that's not possible. If this happens it is imperative that parents who are in shock seek the help of seasoned birth defect lawyers.

Birth problems and injuries can be caused by medical negligence, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her field. This could include failing to perform routine prenatal tests or prescribing medications that increase the chance of having a birth defect or committing a lapse during labor and birth.

Birth defects and birth injury are usually caused by environmental and genetic factors however, they could also be caused by a doctor's negligence. If a doctor fails detect congenital disabilities during pregnancy and fails to inform parents that their child is disabled, parents may be legally able to file a case for compensation due to a birth defect for all costs related to their child's disability.

To prevail in a medical malpractice case in birth defects the plaintiff must demonstrate that the doctor owed a breach of duty to the patient, that he failed to fulfill the duty, and that his actions or lack of action directly triggered damages and injuries and that the plaintiff was a victim of economic and non-economic damages from the injuries. These damages could include medical bills, lost wages and emotional stress.

Prenatal visits are important to ensure that pregnant women receive the required tests and monitoring. If you suspect that your child's birth defect is due to medical malpractice, contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects can vary in severity and affect the manner in which a child looks, acts and functions in life. Some are minor while others can cause serious problems and may even cause death.

The causes of birth defects can be attributed to genetic abnormalities or a variety of environmental and chemical factors. For instance exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful substances or medications.

It is well-established in the scientific research that certain toxins as well as chemicals can cross the placenta and affect the unborn baby. These toxins are referred to as teratogenic. The exposure to these teratogenic chemicals could cause birth defects like Cleft lips and palates as well as spina Bifida and muscular dystrophy.

Many mothers are exposed to a wide variety of toxic chemicals when they are at work. They can be ingested or inhaled through the skin of the body. These chemicals include industrial solvants like ethylene glycol-ethers (EGE), which are used in the fabrication of semiconductors. These toxic substances can also be consumed by parents when they take certain prescription or over-the-counter medications. This is because many pharmaceuticals have not been adequately tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, exposure to environmental factors can also be a significant factor. Many different toxins and chemicals found in our homes, workplace and food can increase the chance of having a birth defect. This includes fungicides, pesticides lead, heavy metals, some paints and various chemical compounds. Exposure to these toxic substances is often inevitable. However, if companies do not take precautions to protect pregnant employees they're negligent and could be held responsible.

Researchers are still trying to find the precise cause of a birth defect. It is possible that a mix of factors can cause the condition. The problem is to assess the effects of these factors in real-time. The National Children's Study is important because it is in progress across several states. The NCS will enroll 100,000 women from a variety of populations and monitor them and their children over the long-term. This study will provide the most comprehensive information to date on how a variety of environmental factors impact fetal and child health.

Many parents suffering from a birth defect in their child feel guilty that they may have contributed to the condition, but it is often the case that these types of defects are inevitable. Our birth defect lawyers know this and are dedicated to families who seek justice for children who suffer from birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol use during pregnancy to genes. Fortunately, many of these causes can be avoided. If your child was diagnosed with a medical condition which could have been avoided or prevented, you might be able to seek compensation through lawsuits for birth defects.

A New York birth defect lawyer can assist you determine whether your child's condition was caused by chemical exposure, a drug or another environmental trigger that could be eligible for compensation. Your legal team can estimate the total cost of medical expenses associated with your child's condition depending on the severity.

While the vast majority of birth defects aren't caused due to medical negligence, there are instances when a healthcare worker has been negligent prior to or during labor and birth. A doctor might prescribe a medicine incorrectly, which can harm a baby before birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted cases against drug companies where a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the chances of her having a child born with birth defect. We have also filed birth defect lawsuits against companies who expose workers to hazardous substances while working for example, a paint factory or semiconductor manufacturing companies.