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Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's impossible. When this happens, it's vital that parents who are stunned seek out the help of experienced birth defects lawyers.

Medical negligence, dangerous medications, and environmental exposure can cause serious birth defects and injuries. A New York birth defect lawsuit defects law firm can help.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in his or her field, it's considered medical malpractice. This may include not performing prenatal tests or prescribing drugs that increase the likelihood of birth defects, or making an error during labor and delivery.

Birth birth defects and birth injuries are usually caused by genetic and environmental factors, but sometimes they occur due to the negligence or malpractice of a doctor. For example, if a physician is unable to identify a congenital disorder in the uterus and fails to notify the parents of this disability, the parents can 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 requires that the doctor had a duty to the patient of care, that the doctor violated this duty, the doctor's actions or failure to act directly led to injuries and damages and that the victim suffered economic and non-economic damages due to the injuries. These damages might include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects are preventable through timely testing and monitoring during pregnancy. It's essential for pregnant women to adhere to their doctor's advice regarding their prenatal visits. If you suspect that medical negligence caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

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

The reasons for a child's birth defects could be due to genetic anomalies or a wide range of chemical and environmental factors. For example, exposure to toxic chemicals can cause serious complications for a newborn. Our firm is committed to holding employers accountable for exposed pregnant women and their newborn babies to harmful substances or drugs.

In the scientific literature, it has been established that certain chemicals and toxins can traverse the placenta and affect an unborn child. These toxins are referred to as teratogenic. Exposure to these teratogenic chemicals can cause birth defects like the cleft palate and lips spina bifida, spina bifida and muscle dystrophy.

While they are working, many mothers are exposed to a variety of harmful chemicals. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. These contaminants can also be ingested by parents when they take certain prescription and over-thecounter medicines. This is due to the fact that a number of drugs are not properly tested on pregnant women and have been proven to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors is also a major cause. Many different toxins and chemicals found in the home or workplace can increase the risk of having a birth defect. These include pesticides, fungicides, lead, heavy metals, some paints and other chemical compounds. Exposure to toxic substances is nearly always inevitable. If companies fail to safeguard their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It is possible that a variety of factors can cause the condition. The problem is to evaluate 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 women from the representative population and monitor them and their children for the long term. This study will provide the most complete data available on how various environmental factors affect fetal and child health.

Many parents who suffer from a birth defect in their child are resentful because they believe they were responsible for the defect. However, these birth defects are not always preventable. Our birth defect lawyers know this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was born with a medical issue that could have been avoided in the first place, you may be able to claim damages in an action for birth defects.

A New York birth defect attorney will be able help you determine if the condition of your child is due to an illness, chemical or environmental exposure that is eligible for compensation. Your legal team can calculate the total cost of medical expenses associated with your child's condition in relation to the severity.

While the vast majority of birth defects are not caused due to medical negligence, there are instances where a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor may prescribe a medicine incorrectly, which causes harm to a baby even before birth, or even make an error in surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug makers in cases where a mother's health healthcare provider has been exposed to prescription medicines or toxic chemicals that can increase the risk of her having a child born with birth defects. We have also brought birth defect lawsuits against companies that expose their workers to dangerous substances while working for example, a paint factory or semiconductor manufacturing company.