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Birth Defect Lawsuits

Parents wish their children to be perfect, but in some cases that's impossible. If this happens it is vital that parents who are in shock seek the assistance of experienced birth defect lawyers.

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

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of medical care in their field. This could include failing to perform prenatal testing or prescribing drugs which increase the chance of birth defects or making a mistake during labor or delivery.

Birth birth defects and birth injuries are often the result of genetic and environmental causes, but sometimes they occur due to the negligence or malpractice of a doctor. If a doctor fails to detect congenital disabilities during pregnancy and fails to inform parents of the condition, parents might be able to file a claim for wrongful birth seeking compensation for all the expenses associated with their disabled child.

A successful medical malpractice claim in birth defect cases demands that the physician was obligated to the patient to perform a duty of care, that the doctor violated that duty, the doctor's actions or inability to act directly led to injuries and damages and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include costs of medical bills lost wages, pain and suffering, and emotional distress.

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, speak to an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

In the United States, thousands of babies are born each year with birth defects. These defects vary in severity and affect the way a child looks, acts and functions in life. Some are minor, but others can cause serious issues and even be fatal.

Birth defects can result from genetic abnormalities or a variety of chemcial and environmental factors. For instance exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their unborn babies to harmful chemicals or medications.

It is well-established in scientific research that certain toxins as well as chemicals can cross the placenta, affecting the unborn baby. These toxins are called teratogenic. These teratogenic chemicals can cause birth defects like lip clefts, palates, and spina bifida.

While working, many mothers are exposed a variety of harmful chemicals. These chemicals can be inhaled, inhaled or absorbed into the skin of the body. These chemicals include industrial solvents such as the ethylene glycol-ethers (EGE) employed in the production of semiconductors. These contaminants can also be ingested by parents who take certain prescription and over-the-counter drugs. Many medications have not been adequately tested on pregnant women and have caused birth defects.

Environmental Exposure

While genetic disorders are among the most frequent causes of birth defects, exposure to environmental factors can also play a role. Numerous different chemicals and toxins found in our homes workplace, food and work environment can increase the risk of a birth defect. Pesticides and fungicides are among the most frequent. 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 are negligent and can be held responsible.

Researchers are still trying to determine the exact cause of a birth defect. It could be that a combination of factors may cause the condition. The challenge is to evaluate these interactions in real-time. This is why the National Children's Study, now beginning to be conducted in various states, is so crucial. The NCS will enroll 100,000 women from representative population and follow their progress over time as well as their children. This study will provide the most complete information on the effects of environmental factors on the health of infants and children.

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

Product Liability

Many birth defects are caused by a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, a lot of these causes can be prevented. If your child was born with a medical condition which could have been prevented, you may be entitled to claim damages in a birth defect lawsuit.

A New York birth defect lawyer will be able to help you determine whether your child's illness is caused by chemical exposure, a drug or any other environmental cause that is eligible for compensation. Your legal team can calculate the total cost of medical expenses for your child's condition based on the severity.

Although the vast majority are not caused due to medical negligence, there have been cases where a doctor was negligent during or prior to labor and birth. A doctor could incorrectly prescribe a medication which harms the baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully pursued claims against drug manufacturers in which a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that increase the likelihood of her having a child born with a birth defect. We also have brought birth defect law firms defect lawsuits against paint factories and semiconductor manufacturers which expose their employees to harmful chemicals in the workplace.