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Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not always possible. When that becomes a reality it is crucial that parents who are in shock seek the help of seasoned birth defect lawyers.

Medical negligence, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A New York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice is when a doctor does not adhere to the accepted standards of care in his or her field. It could be a failure to perform routine prenatal testing or prescribing medication that increases the likelihood of birth defect, or making a mistake during labor and birth.

Birth defects and birth injury can be caused by environmental and genetic causes, however, they could also be a result of the negligence of a doctor. If a physician fails to detect congenital defects in utero and fails to notify parents that their child is disabled, parents may be legally able to file a case for wrongful birth seeking compensation for all the costs that are associated with their disabled child.

A successful medical malpractice claim in birth defect cases requires that the physician had a duty to the patient of care, that the physician 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 as a result of the injuries. These damages could include medical expenses as well as lost wages and emotional distress.

Prenatal visits are crucial to ensure that pregnant women receive the required testing and monitoring. 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

Every year, thousands of children are born with some type of birth defect in the United States. These defects can vary in severity and affect the way a child looks, acts and functions in life. Some are minor, but others can cause serious issues that could be fatal.

Birth defects can result from genetic defects or a range of chemcial and environmental factors. Exposure to toxic chemicals, for example could cause serious problems in the infant. Our firm is determined to hold employers accountable for exposing pregnant women and their unborn babies to harmful chemicals or drugs.

In scientific literature, it has been established that certain chemicals and toxins may be transmitted through the placenta, affecting an unborn child. These toxins are teratogenic. These teratogenic chemicals can cause birth defects like lip clefts, palates, and spina Bifida.

Many mothers are exposed to an array of toxic chemicals when they are working. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE) that are used in the manufacturing of semiconductors. These chemicals can also be consumed by parents when they consume certain prescription and over-the-counter drugs. Many medications have not been tested properly on pregnant woman and have resulted in birth defects.

Environmental Exposure

Environmental exposure is an important cause of birth defects. Genetic disorders are a common cause, but it's not the only reason. A variety of toxins and chemicals found in our homes, workplace and food could increase the chances of a birth defect. This includes fungicides and pesticides, lead, heavy metals, certain paints and various chemical compounds. Exposure to toxic substances is almost always inevitable. But, when businesses fail to protect pregnant workers they're negligent and could be held accountable.

Researchers aren't able to determine exactly what causes the specific birth defect. It could be that an interaction between several factors can cause the condition, but the problem is assessing 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 a representative populations and will follow them over time and their children. This study will provide most comprehensive information about how environmental factors impact fetal and childhood health.

Many parents who suffer from a birth defect in their child feel guilt, believing that they contributed to it. But, these problems are not always preventable. Our birth defect lawyers recognize this and are committed to helping families seek justice for children suffering from birth defects.

Product Liability

Many birth defects are caused by a range of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, the majority of these causes can be prevented. If your child was diagnosed with a medical issue which could have been avoided or prevented, you might be able to claim damages in an action for birth defects.

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

While the majority of cases are not due to medical negligence there are instances in which a doctor was negligent during or before labor and birth. A doctor could incorrectly prescribe a medication which harms the baby before it's born, or they may commit a mistake during surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug makers in which a mother's health care provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child being born with birth defects. We have also filed birth defect lawsuits against paint factories and semiconductor producers which expose their employees to dangerous chemicals when they work.