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Birth Defect Lawsuits

Parents want their children perfect, but that's sometimes impossible. If this happens, it's essential parents who are shocked seek the assistance of experienced birth defect lawyers.

Birth defects and injuries can result from medical malpractice, drugs that are dangerous as well as exposure to environmental hazards. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

If a physician fails to adhere to the accepted standard of practice in their region, it's deemed medical malpractice. It could be a failure to conduct routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect, or making a mistake during the birth and delivery.

Birth defects and birth injuries are usually caused by genetic and environmental factors, however, they can also be the result of a doctor's negligence. For instance the case where a doctor fails to recognize the presence of a congenital defect in utero and fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for the ongoing expenses associated with the handicapped child.

In order to win a medical malpractice claim in birth defects the plaintiff has to prove that the doctor was bound by a duty of care to the patient, that he failed to fulfill the duty, that his actions or inaction action directly resulted in damages and injuries, and that the patient was a victim of economic and non-economic damages from the injuries. These damages may include cost of medical bills, lost wages as well as pain and suffering and emotional distress.

Some birth defects and injuries are preventable by timely testing and monitoring during pregnancy, which is why it's important for pregnant women to adhere to their doctor's advice regarding their prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These birth defects can range in severity and impact the how a child appears, behaves and performs in life. Some are minor, but others can lead to serious problems that may be fatal.

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

It is well-established in the scientific research that certain toxins and chemicals can pass through the placenta and affect an unborn baby. These toxins are teratogenic. Teratogenic chemicals can cause birth defects like lips, palates, and clefts as well as spina bifida.

While working, many mothers are exposed to a range of harmful chemicals. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvants such as ethylene glycol and ethers (EGE) which are used in the production of semiconductors. These chemicals can also be consumed by parents when they consume certain over-the counter and prescription drugs. Many pharmaceuticals have not been thoroughly tested on pregnant women and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most prevalent causes of birth defects, environmental exposure can also be a significant factor. The presence of a variety of chemicals and toxins in the workplace, at home and in food items can increase the risk of birth defects. This includes fungicides and pesticides, lead, heavy metals, certain paints and other chemical compounds. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, this is negligence and they can be held accountable.

Researchers are still unable to pinpoint the specific cause of a birth defect. It is possible that a combination of factors can trigger the condition. The challenge is to analyze these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enrol 100,000 women from a variety of populations and follow them and their children for the long-term. This study will provide the most comprehensive data on how environmental factors impact the health of children and fetuses.

Many parents who suffer from a birth defect in their child feel guilty because they believe they contributed to it. However, these defects are usually inevitable. Our birth defect lawyers understand this and are committed to helping families whose children are born with birth defects.

Product Liability

Birth defects can be caused by a variety causes, from drug or alcohol use during pregnancy to genetic. Fortunately, a lot of these issues can be prevented. If your child was born with a medical issue 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 lawyer will be able to help you determine whether your child's condition is the result of an exposure to chemicals, medication or another environmental trigger which is eligible for compensation. Your legal team can calculate the total cost of medical bills related to your child's condition based on the severity.

While the majority of cases are not the result of medical negligence, there have been cases where doctors have been negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication that harms the baby before it's born, or they may make a mistake during surgery.

Our birth defect law firms defect lawyers have successfully pursued claims where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the risk that she will give birth to a baby with birth defects. We also brought birth defect lawsuits against companies that expose their workers to dangerous substances while working in a paint factory or semiconductor manufacturing companies.