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Birth Defect Lawsuits

Parents want their children to be perfect however, sometimes that's not always possible. When that happens it is vital for parents to seek the assistance of experienced birth defect lawyers.

Birth defects and injuries can be caused by medical malpractice or drugs that pose a risk or exposure to environmental toxins. A New York birth defect law firm can help you get answers.

Medical Malpractice

When a doctor fails to adhere to the accepted standards of practice in their region, it's deemed medical malpractice. This could include failing to perform routine prenatal testing or prescribing medications that increase the likelihood of birth defect or committing a lapse during the birth and delivery.

Birth defects and birth injuries can be caused by environmental and genetic causes, however, they can also be caused by an error by a doctor. If a physician fails to detect congenital problems in utero and fails to inform parents of the problem they may be eligible to file a claim for wrongful birth seeking compensation for all the costs associated with their disabled child.

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 physician violated that duty, the doctor's actions or failure to act directly caused injuries and damages, and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical bills or lost wages, as well emotional distress.

Certain birth injuries and defects can be prevented with timely testing and monitoring during pregnancy, which is why it's crucial for pregnant women to follow their doctors' recommendations about prenatal visits. If you believe that the birth defect of your child is the result of medical malpractice, speak to an experienced medical malpractice 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 defects vary in severity and affect manner in which a child looks, acts and functions in life. Some are minor, whereas others can cause serious issues and even lead to death.

Birth defects can result from 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 to holding employers accountable for exposed pregnant women and their unborn babies to harmful substances or medications.

It is well-established in the scientific research that certain toxins and chemicals can cross the placenta, affecting the unborn baby. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects, such as the cleft palate, lips and spina bifida.

While working, many mothers are exposed to a range of harmful chemicals. They can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE) that are used in the production of semiconductors. Parents can also be exposed toxic substances when they consume certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals aren't adequately tested on pregnant women and have been found to cause 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 one. Many different toxins and chemicals that are present in the home workplace, food and work environment could increase the chances of a birth defect. This includes fungicides, pesticides, lead, heavy metals, some paints and other chemical substances. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still unable to pinpoint the specific cause of a birth defect. It could be that an interaction between multiple factors may cause the condition, but the difficulty is assessing these interactions in real-time. The National Children's Study is important because it is in progress in a number of states. The NCS will enroll 100 women from the representative population and monitor them and their children for the long term. This study will provide complete information on how environmental factors impact fetal and childhood health.

Many parents suffering from a child's birth defect feel guilty that they may have contributed to the condition, but it's often the case that these kinds of problems are inevitable. Our birth defect attorneys understand this and are committed to helping families who have children with birth defects.

Product Liability

Birth defects can be caused by a variety causes, from drug or alcohol use during pregnancy to genes. However, many of these causes can be avoided. If your child was born with a medical issue which could have been prevented, you may be entitled to claim damages in an action for birth defects.

A New York birth defect attorney can assist you to determine if your child's problem is caused by an illness, chemical or environmental exposure that qualifies for compensation. Your legal team can estimate the total cost of medical bills associated with your child's condition according to the severity.

Although the majority of birth defects are not caused by medical negligence, there are instances where a healthcare worker is negligent prior to or during labor and birth. A doctor may prescribe a medication incorrectly that causes harm to a baby even before birth, or make an error during surgery.

Our birth defect lawyers have successfully brought cases against drug companies where a mother's health care provider has been exposed to prescription drugs or toxic chemicals that increase the chances of her having a child born with birth defects. We have also brought birth defect lawsuits against paint factories and semiconductor manufacturers that expose their workers to toxic chemicals while when they work.