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Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. When that happens, it is essential that parents who are in shock seek the assistance of experienced birth defect lawyers.

Birth injuries and birth defects can be caused by medical malpractice and drugs that are harmful and exposure to environmental factors. A New York birth defect law firm can assist you in getting answers.

Medical Malpractice

Medical malpractice occurs when a doctor is in violation of the accepted standard of care in his or her field. This could include failing to perform prenatal screening or prescribing medications which increase the chance of birth defects, or making an error during labor and delivery.

Birth defects and birth injury are usually caused by environmental and genetic causes, however, they could also be caused by the negligence of a doctor. For example, if a physician does not recognize the presence of a congenital defect in utero and then fails to notify parents of this disability, the parents can make a claim for wrongful birth seeking compensation for the lifetime expenses associated with the disabled child.

To win a medical malpractice claim in birth defects the plaintiff has to prove that the doctor owed a duty of care to the patient, that he breached this duty, that his actions or inaction action directly triggered injuries and damages and that the plaintiff suffered economic and noneconomic damage as a result of the injuries. These damages might include the costs of medical bills lost wages as well as pain and suffering and emotional distress.

Certain birth defects and injuries are preventable by prompt testing and monitoring during pregnancy, so it's essential for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you believe that your child's birth defect is due to medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

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

Birth problems can be caused by genetic abnormalities or a variety of chemcial or environmental factors. Exposure to toxic chemicals, for example could cause serious problems in babies. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful chemicals or medications.

It is well-established in the scientific research that certain toxins and chemicals can enter the placenta and harm an unborn baby. These toxins are referred to as teratogenic. The exposure to these teratogenic chemicals can cause birth defects, such as cleft lips and palates, spina bifida and muscular dystrophy.

While working, mothers are exposed to a range of toxic chemicals. These chemicals can be inhaled 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. These chemicals can also be consumed by parents when they consume certain prescription and over-the-counter drugs. This is because many pharmaceuticals aren't adequately tested on pregnant women and have been demonstrated to cause birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of numerous chemicals and toxins in the workplace, at home and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. But, when businesses fail to protect pregnant workers, they are negligent and can be held accountable.

Researchers are still unable to determine exactly what causes the specific birth defect. It could be that a combination of factors may cause the condition. The challenge is to evaluate these interactions in real time. The National Children's Study is important because it is currently underway in several states. The NCS will enroll 100,000 women from representative populations and will follow their progress over time and also their children. This study will provide the most comprehensive data available on how different environmental factors impact fetal as well as child health.

Many parents who have a birth defect in their child feel guilty, believing that they caused it. However, these defects are often unavoidable. Our birth defect lawyers understand this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth problems can be caused by many factors, ranging from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes can be avoided. If your child was born with a medical condition which could have been prevented in the first place, you may be able to recover 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 chemical exposure, a drug or another environmental trigger that could be eligible for compensation. Depending on the severity of your child's illness, your legal team will also be able to determine the full cost of the associated medical expenses that are qualified for compensation.

While the majority of these cases are not the result of medical negligence There have been instances in which a doctor was negligent during or before labor and birth. A physician may incorrectly prescribe a medication which harms a baby before it is born, or make a mistake during surgery.

Our birth defect lawyers have successfully brought lawsuits against drug makers when a mother's medical care provider has been exposed to prescription medicines or toxic chemicals that increase the chances of her child developing birth defects. We have also filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers to hazardous substances when they work.