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Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's impossible. When that becomes a reality, it is essential that stunned parents seek out the assistance of skilled birth defect lawyers.

Birth injuries and birth defects can be caused by medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of medical care in their area of expertise. This might involve failing to conduct routine prenatal tests, prescribing medication that increases the likelihood of birth defect or making a mistake during labor and delivery.

Birth defects and birth injury can be caused by environmental and genetic causes, however, they could also be caused by the negligence of a physician. For instance, if a physician fails to recognize an inborn disability and fails to notify parents of the condition, parents may file a wrongful birth claim seeking compensation for the ongoing expenses associated with the handicapped child.

A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the doctor violated that duty, the doctor's actions, or failure to act caused injuries and damages, and that the victim suffered economic and non-economic damages due to the injuries. These damages could include medical expenses, lost wages and emotional distress.

Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' advice regarding prenatal appointments. If you suspect that your child's birth defect is due to medical malpractice, you should contact 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 birth defects can be of varying severity and impact the way a child acts, looks and performs. Some are minor and others can cause serious problems that may be fatal.

The reasons for a child's birth defects may be due to genetic defects or a variety of chemical and environmental factors. For instance exposure to toxic chemicals could cause serious problems for newborns. Our company is committed to holding employers accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.

In the scientific literature, it has been established that certain chemicals and toxins can be transmitted through the placenta, affecting an unborn baby. These toxins are called teratogenic. These teratogenic chemicals could cause birth defects like the cleft palate, lips and spina bifida.

Many mothers are exposed to many harmful chemicals when they are working. These chemicals can be ingested, inhaled or absorbed through the body's skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) employed in the production of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription and over-thecounter medicines. Many drugs have not been adequately tested on pregnant woman and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure is also a major factor. The presence of numerous toxins and chemical compounds in the home, at work and in food items can increase the risk of birth defects. This includes fungicides, pesticides lead, heavy metals, certain paints and many other chemical substances. Exposure to these toxic substances is usually unavoidable. However, when companies fail to protect pregnant workers, they are negligent and could be held responsible.

Researchers are still unable to pinpoint the root of the birth defect. It is possible that a combination of factors could cause the condition. The trick is to analyze the effects of these factors in real-time. This is why the National Children's Study, now getting under way in several states, is so important. The NCS will enroll 100,000 women from a representative population and track their progress over time and also their children. This study will provide the most complete data to date about how different environmental factors impact fetal as well as child health.

Many parents suffering from a child's birth defect feel guilty for having contributed to the disorder, but it is often the case that these kinds of defects are not a choice. Our birth defect attorneys understand this and are dedicated in helping families who have children with birth defects.

Product Liability

Birth defects can be caused by a variety of causes, from drug or alcohol use during pregnancy to genetic. Fortunately, the majority of these causes are preventable. If your child was born with a medical issue that could have been prevented, you may be entitled to recover damages through an action for birth defects.

A New York birth defect lawyer can assist you determine if your child's condition was caused by chemical exposure, a medication or another environmental trigger that is a reason to seek compensation. Based on the severity of your child's condition your legal counsel will also be able to calculate the total cost of medical bills eligible for compensation.

Although the vast majority of birth injuries are not due to medical negligence There have been instances where a doctor has been negligent prior to or during labor and delivery. A doctor may prescribe a medication that injures a baby before it is born, or they may make an error during surgery.

Our birth defect lawyers have successfully prosecuted cases where a mother's health healthcare provider was exposed prescription drugs or toxic chemicals which increased the chance that she would give birth to a child with birth defects. We also have brought birth defect lawsuits against paint factories and semiconductor producers who expose their workers to harmful chemicals at work.