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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes it's not possible. If that happens it is imperative that parents in shock seek the help 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 assist you in getting answers.

Medical Malpractice

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

Birth defects and birth injury are usually caused by environmental and genetic factors, however, they could also be caused by the negligence of a doctor. For instance when a doctor fails to recognize the presence of a congenital defect in utero and fails to inform the parents of this impairment, parents can bring a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases requires that the doctor has a responsibility to the patient of care, that the doctor breached this duty, that the doctor's negligence or failure to act directly caused injuries and damages and that the victim suffered economic and non-economic damage due to the injuries. These damages could include the cost of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' advice about prenatal visits. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

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

The causes of a child's birth defects can stem from genetic defects or a range of chemical and environmental factors. For instance exposure to toxic chemicals can cause serious problems for a newborn. Our firm is determined to hold employers accountable for exposure of pregnant women and their unborn children to harmful substances or medications.

In the scientific literature, it is established that certain chemicals and toxins can cross the placenta to affect the unborn child. These toxins are teratogenic. The exposure to these teratogenic chemicals may cause birth defects, such as the cleft lip and palate as well as spina Bifida and muscular dystrophy.

While working, mothers are exposed to a variety of harmful chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. Parents can also be exposed toxins when they are consuming certain prescription and over-the counter drugs. This is due to the fact that many drugs are not adequately tested on pregnant women and have been demonstrated 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. Numerous different chemicals and toxins found in the home or workplace can increase the risk of having a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints, and various chemical compounds. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to find the precise cause of a birth defect. It is possible that a mix of factors could cause the condition. The trick is to evaluate the effects of these factors in real-time. The National Children's Study is important since it is currently in process in a number of states. The NCS will enroll 100 women from the representative population 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 are suffering from a child's birth defect are resentful that they have contributed to the problem, but it's usually the case that these kinds of issues are not a choice. Our birth defect attorneys are aware of this and are dedicated in helping families with children with birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol use during pregnancy to genetics. However, many of these issues can be prevented. If your child was born with a medical issue that could have been prevented, you may be entitled to recover damages through a birth defect lawsuit.

A New York birth defect lawyer can help you determine if your child's condition is the result of an exposure to chemicals, medication or any other environmental cause that could be eligible for compensation. Depending on the severity of your child's condition your legal team will also be able to determine the full cost of the medical bills that are qualified for compensation.

While the vast majority of birth defect attorney defects aren't caused by medical negligence, there are cases when a healthcare worker is negligent prior to or during labor and delivery. A doctor might incorrectly prescribe a medication which harms an infant before it is born, or make an error during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers in which a mother's health care provider has been exposed to prescription medicines or toxic chemicals that increase the chance of her child developing a birth defect. We have also filed birth defect lawsuits against companies that expose employees to hazardous substances on the job, such as a paint factory or semiconductor manufacturing companies.