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Birth Defect Lawsuits

Parents want their children perfect however sometimes it's impossible. If this happens it is imperative that parents in shock seek the help of seasoned birth defect lawyers.

Medical malpractice, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice occurs when a doctor does not adhere to the accepted standards of medical care in their area of expertise. This could include not performing prenatal tests, prescribing medications that increase the chance of birth defects or committing an error during labor and birth.

Birth birth defects and birth injuries are usually the result of genetic and environmental causes, but occasionally they are caused by an error or negligence of a physician. For example in the event that a physician is unable to identify a congenital disability in utero and fails to inform parents of this disability, the parents may make a claim for wrongful birth seeking compensation for the lifelong expenses associated with the disabled child.

In order to prevail in a medical negligence case in birth defect cases the plaintiff has to prove that the doctor was bound by a duty of care to the patient, and that he violated this duty, that his actions or lack of action directly caused damages and injuries, and that the patient suffered economic and non-economic losses from the injuries. These damages could include the expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are important to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical negligence 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 each year with birth defects. These birth defects can vary in severity and affect the how a child appears, acts and functions in life. Some are minor and others can lead to serious issues that could be fatal.

The reasons for a child's birth defects could be due to genetic disorders or a variety of environmental and chemical factors. Exposure to harmful chemicals, for example could cause serious problems in babies. Our firm is committed to holding employers accountable for the exposure of pregnant women and unborn babies to harmful substances or drugs.

In scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta and affect an unborn baby. These toxins are referred to as teratogenic. The exposure to these chemicals can cause birth defects, such as Cleft lips and palates spina bifida, spina bifida and muscle dystrophy.

While they are working, mothers are exposed a variety of toxic chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the manufacture of semiconductors. Parents may also be exposed to these poisons when they consume certain prescription and over-the-counter drugs. This is due to the fact that many drugs have not been adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are among the most frequently cited causes of birth defect attorney defects, exposure to environmental factors can also play a role. The presence of various chemicals and toxins at the workplace, at home and in food items can increase the risk of birth defects. Pesticides and fungicides are among the most common. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. But, when businesses do not take precautions to protect pregnant employees they're negligent and could be held accountable.

Researchers are still unable to determine exactly what causes a particular birth defect. It is possible that a mix of factors can trigger the condition. The problem is to study the effects of these factors in real-time. The National Children's Study is important because it is currently underway in a number of states. The NCS will enroll 100,000 women from representative populations and follow them and their children over the long-term. This study will provide the most comprehensive data available on how many environmental factors impact fetal and child health.

Many parents who have a birth defect in their child feel guilt, believing that they were responsible for the defect. However, these birth defects are often unavoidable. Our birth defect lawyers understand this and are committed to families seeking justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of factors that range from drug and alcohol use during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was born with a medical condition which could have been prevented and you are entitled to recover damages through an action for birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's condition was caused by a medication, chemical exposure or another environmental trigger which is eligible for compensation. Your legal team will calculate the total cost of medical expenses related to your child's condition in relation to the severity.

Although the majority of birth defects are not caused due to medical negligence, there are some instances when a healthcare professional has 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 in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in which a mother's health care provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her having a child born with birth defects. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories who expose their workers to dangerous chemicals in the workplace.