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Birth Defect Lawsuits

Parents want their children to be perfect however sometimes it's not always possible. If this happens it is imperative for parents to seek the help of experienced birth defect lawyers.

Birth injuries and birth defects could be caused by medical malpractice and dangerous drugs and exposure to environmental factors. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a physician violates the accepted standard of medical care in their field. This may include failing to perform prenatal screening or prescribing drugs that increase the risk of birth defects, or making an error during labor and delivery.

Birth defects and birth injuries are typically caused by genetic and environmental causes, however sometimes they are caused by the negligence or malpractice of a doctor. For example the case where a doctor is unable to identify the presence of a congenital defect in utero and fails to inform parents of the condition, parents may bring a wrongful birth defect law firms claim seeking compensation for the ongoing costs associated with the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician owed the patient a duty of care, that the doctor violated that duty, the doctor's actions or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic damage as a result of the injuries. These damages might include the cost of medical bills, lost wages as well as pain and suffering and birth defect law firm emotional distress.

Some birth problems and injuries can be avoided by timely testing and monitoring during pregnancy. It's crucial for pregnant women to adhere to their doctor's recommendations about prenatal visits. If you suspect that medical negligence caused the birth defect of your child you should contact a medical malfeasance and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year, thousands of children are born with some kind of birth defect within the United States. These defects may be of different severity and affect the way that a child acts, looks and functions. Some are minor while others can cause serious problems that may be fatal.

The causes of birth defects can be attributed to genetic anomalies or a wide range of environmental and chemical factors. For example exposure to toxic chemicals could cause serious problems for a newborn. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or drugs.

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

While they are working, many mothers are exposed to a range of toxic chemicals. These chemicals can be breathed in, ingested or simply absorbed through the skin. These chemicals include industrial solvents like ethylene glycol ethers (EGE) employed in the manufacture of semiconductors. Parents may be exposed to these toxins when they are consuming certain prescription or over-the-counter medications. This is due to the fact that a number of drugs are not adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only reason. Many different chemicals and toxins that are present in the home workplace, food and work environment can increase the risk of a birth defect. Pesticides and fungicides are among the most prevalent. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, this 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 combination of factors could cause the condition. The trick is to evaluate these interactions in real-time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enrol 100,000 women from representative populations and will follow them and their children for the long term. This study will provide the most complete information to date on how different environmental factors affect fetal and child health.

Many parents suffering from a birth defect in their child feel guilty for having contributed to the problem, but it is the norm that these kinds of problems are not a choice. Our birth defect lawyers understand this and are dedicated in helping families whose children are born with birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical issue that could have been avoided, you may be able to claim damages in a lawsuit for birth defects.

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

While the vast majority of birth defects aren't caused by medical negligence, there are some instances where a doctor or healthcare professional has been negligent prior to or during labor and delivery. A doctor might prescribe a medication in a way that harms a baby even before birth, or may make an error in surgery.

Our birth defect lawyers have successfully defended claims in which a mother’s health medical professional was exposed to toxic chemicals or prescription drugs, increasing the likelihood that she could give birth to a child suffering from birth defects. We also have filed birth defect lawsuits against semiconductor manufacturers and paint factories that expose their workers dangerous chemicals at work.