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Birth Defect Lawsuits

Parents want their children to be perfect but sometimes it's not always possible. If this happens, it's vital that parents who are stunned seek the assistance of experienced birth defects lawyers.

Birth problems and injuries can be caused by medical negligence and drugs that are harmful and exposure to environmental factors. A New York birth defect law firm can help you find answers.

Medical Malpractice

If a doctor does not adhere to the accepted standard of practice in their area, it is considered medical malpractice. This could mean failing to perform routine prenatal tests or prescribing medications that increase the risk of a birth defect, or making a mistake during the birth and delivery.

Birth defects and birth injuries are usually the result of environmental and genetic factors but they can also be a result of the negligence of a doctor. If a physician fails to detect congenital problems in utero and fails to notify parents, the parents may be legally able to file a case for compensation due to a birth defect for all the costs related to their child's disability.

A successful medical malpractice claim in birth defect cases demands that the doctor owed the patient a duty of care, that the doctor violated this duty, the doctor's actions or failure to act led directly to injuries and damages and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include medical bills, lost wages and emotional stress.

Some birth injuries and defects are preventable with timely testing and monitoring during pregnancy, which is why it's essential for pregnant women to adhere to their doctor's advice regarding prenatal visits. If you suspect that the birth defect of your child is due to medical malpractice, consult an experienced medical malpractice lawyer and birth injury lawyer right away.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects may be of different severity and affect the way that children behave, look and functions. Some are minor, whereas others can cause serious issues and even lead to death.

The causes of birth defect lawsuit defects can stem from genetic disorders or a variety of chemical and environmental factors. For instance exposure to toxic chemicals could cause serious complications for newborns. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn children to harmful substances or medications.

It is well-established in scientific research that certain toxins and chemicals can cross the placenta and harm the unborn baby. These toxins are teratogenic. These teratogenic chemicals could cause birth defects like cleft lips, palates and spina bifida.

Many mothers are exposed many harmful chemicals when they are working. These chemicals can be consumed or inhaled through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) which are used in the manufacture of semiconductors. These contaminants can also be ingested by parents who take certain prescription or over-the-counter medications. A lot of pharmaceuticals haven't been properly tested on pregnant women and may cause birth defects.

Environmental Exposure

While genetic disorders are among the most common causes of birth defects, environmental exposure is also a major cause. The presence of a variety of chemical compounds and toxins in the workplace, at home and in food 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 almost always inevitable. However, if companies fail to protect pregnant workers, they are negligent and can be held accountable.

Researchers have yet to pinpoint the precise cause of a birth defect. It is possible that a variety of factors may cause the condition. The problem is to assess 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 a representative population and follow them throughout their lives and also their children. This study will provide the most comprehensive data to date on how different environmental factors influence fetal and child health.

Many parents who have a birth defect in their child are resentful because they believe they were responsible for the defect. However, these birth defects are not always preventable. Our birth defect attorneys are aware of this and are committed to helping families with children who have birth defects.

Product Liability

Birth defects can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genes. However, many of these causes are preventable. If your child was diagnosed with a medical condition which could have been avoided and prevented, you could be able to get compensation in a lawsuit for birth defects.

A New York birth defect lawyer can assist you determine if your child's illness was caused by chemical exposure, a medication or other environmental trigger that is eligible for compensation. Your legal team can calculate the total cost of medical bills related to your child's condition based on the severity.

While the majority of these cases are not caused due to medical negligence, there have been cases where a doctor was negligent prior to or during labor and birth. A doctor might prescribe a medication in a way that harms a baby even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully defended claims in which a mother’s health care provider was exposed to prescription drugs or toxic chemicals which increased the chances that she will give birth to a child who has birth defects. We also brought birth defect lawsuits against companies that expose their workers to dangerous substances on the job like a paint factory or semiconductor manufacturing company.