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Birth Defect Lawsuits

Parents want their children to be perfect, but that's sometimes impossible. When that becomes a reality it is imperative that parents in shock seek the assistance of experienced birth defect lawyers.

Birth defects and injuries can result from medical malpractice or drugs that pose a risk and exposure to environmental factors. A New York birth defects law firm can assist.

Medical Malpractice

If a physician fails to follow the accepted standard of practice in their region, it's deemed medical malpractice. This could mean failing to conduct routine prenatal tests or prescribing medication that increases the risk of a birth defect or making a misstep during the birth and delivery.

Birth defects and birth injuries are usually due to genetic and environmental causes, but sometimes they arise due to an error or negligence of a physician. For example the case where a doctor fails to recognize the presence of a congenital defect in utero and fails to inform parents of this impairment, parents can pursue a wrongful birth lawsuit seeking compensation for all the lifetime expenses associated with the handicapped child.

To prevail in a medical malpractice case in birth defects the plaintiff must show that the doctor was bound by a duty of duty to the patient, and that he did not fulfill the duty, that his actions or inaction action directly triggered damages and injuries and that he was a victim of economic and non-economic damages because of the injuries. These damages could include medical bills and lost wages, as well as emotional distress.

Prenatal visits are necessary to ensure that pregnant women are provided with the appropriate testing and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect within the United States. These birth defects can be of various severity and impact the way a child acts, looks and functions. Some are minor, whereas others can cause serious issues and can even be fatal.

Birth birth defects can be caused by genetic disorders or a variety of chemcial or environmental factors. For instance, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed in 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 literature that certain toxins and chemicals can pass through the placenta and affect an unborn baby. These toxins are teratogenic. These teratogenic chemicals can cause birth defects such as lips, palates, and clefts as well as spina Bifida.

Many mothers are exposed to a wide variety of toxic chemicals when they are working. They can be inhaled, ingested or simply absorbed through the skin. These chemicals include industrial solvents like EGE, ethylene glycol ethers (EGE) used in the production of semiconductors. Parents can be exposed to these poisons when they consume certain prescription or over-the-counter medications. Many medications have not been adequately tested on pregnant woman and have caused birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's far from the only one. The presence of various toxins and chemical compounds in the workplace, at home and in food items 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. If businesses fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still trying to find the root of the birth defect. It could be that an interaction between multiple factors may cause the condition, but the challenge is assessing these interactions 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 100,000 women from representative population and track their progress over time, as well as their children. This study will provide complete information on how environmental factors affect fetal and childhood health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the disorder, 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 who have children who have birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be avoided. If your child was born with a medical issue that could have been avoided or prevented, you could be entitled to claim damages in a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine if your child's condition was caused by chemical exposure, a drug or another environmental trigger which is eligible for compensation. Your legal team can estimate the total cost of medical bills for your child's condition according to the severity.

While the vast majority of birth defects aren't caused by medical negligence, there are cases where a healthcare worker has been negligent before or during labor and delivery. A doctor might incorrectly prescribe a medication that injures the baby before it's born, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug companies where a mother's health healthcare provider has been exposed to prescription medication or toxic chemicals that increase the likelihood of her child developing birth defect. We have also filed birth defect lawsuits against companies who expose workers to harmful substances at work in a paint factory or semiconductor manufacturing company.