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Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes not possible. If that happens it is vital for parents to seek out the assistance of skilled birth defect lawyers.

Birth injuries and birth defects can be caused by medical malpractice, drugs that are dangerous or exposure to environmental toxins. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of medical care in their area of expertise. This could include failing to perform routine prenatal testing and prescribing a medication that increases the risk of a birth defect or making a misstep during the labor and delivery.

Birth defects and birth injuries are typically due to genetic and environmental causes, but occasionally they arise due to the negligence or malpractice of a doctor. If a doctor fails detect congenital defects in utero, and then fails not to inform the parents of the condition, parents might be eligible to file a claim for wrongful birth seeking compensation for all costs for their child's disabilities.

A successful medical malpractice claim in birth defect cases demands that the physician was obligated to the patient to perform a duty of care, that the doctor breached this duty, that the doctor's actions or failure to act directly led to injuries and damages, and that the victim suffered economic and non-economic losses due to the injuries. These damages could include expenses of medical bills, lost wages as well as pain and suffering and emotional distress.

Certain birth problems and injuries can be avoided through timely testing and monitoring during pregnancy, which is why it's vital for pregnant women adhere to their doctor's recommendations regarding prenatal appointments. If you believe that the birth defect of your child is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer immediately.

Toxic Chemicals

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

The reasons for a child's birth defects could be due to genetic anomalies or a wide variety of chemical and environmental factors. Exposure to toxic chemicals, for example causes serious complications in babies. Our firm is committed to ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful medications or substances.

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

Many mothers are exposed to a wide variety of toxic chemicals while they are at work. These chemicals can be ingested, inhaled or absorbed into the skin. These chemicals comprise industrial solvents such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. These toxic substances can also be consumed by parents who take certain prescription and over-thecounter medicines. Many drugs have not been properly tested on pregnant woman and have caused birth defects.

Environmental Exposure

Environmental exposure is one of the major causes of birth defects. Genetic disorders are a common cause but it's not the only reason. The presence of numerous toxins and chemical compounds in the home, at work and in food can increase the risk of developing birth defects. These include fungicides, pesticides lead, heavy metals, some paints and various chemical substances. Exposure to toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, it is negligence and they can be held accountable.

Researchers are still trying to find the precise cause of a birth defect. It is possible that an interaction between a variety of factors could cause the condition, but the difficulty is evaluating the interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so important. The NCS will enroll 100,000 women from representative population and monitor their progress over time and their children. This study will provide the most comprehensive information to date on how many environmental factors impact fetal and child health.

Many parents who suffer from a birth defect in their child feel guilty and believe that they contributed to it. But, these problems are usually unavoidable. Our birth defect lawyers know this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of causes ranging from drug and alcohol use during pregnancy to genetics. Fortunately, most of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided, you may be able to get compensation in a lawsuit involving birth defects.

A New York birth defect attorney can help you determine if your child's illness is caused by an underlying chemical, medication or environmental exposure that is 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 medical bills that are admissible for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are cases in which a doctor or healthcare worker has been negligent before or during labor and birth. A doctor could prescribe a medication incorrectly that could harm a baby, even before birth, or even make an error in surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies when a mother's medical healthcare provider has been exposed to prescription medication or toxic chemicals that can increase the risk of her having a child born with birth defect. We have also brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers to dangerous chemicals during their work.