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Birth Defect Lawsuits

Parents want their children perfect but sometimes it’s not possible. If this happens, it’s essential that parents who are shocked seek the help of experienced birth defects lawyers.

Medical negligence, dangerous medications, and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defect law firm can provide answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her field. This could include failing to perform routine prenatal tests, prescribing medication that increases the chance of having a birth defect or making a misstep during labor and delivery.

Birth defects and birth injuries are usually caused by environmental and genetic causes, however, they can also be a result of a doctor’s negligence. For example the case where a doctor does not recognize the presence of a congenital defect in utero and fails to inform the parents of this condition, parents may bring a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.

In order to prevail in a medical malpractice case in birth defects the plaintiff has to prove that the doctor owed a breach of care to the patient, and that he violated the duty, and that his actions or lack of action directly led to injuries and damages and that the patient was a victim of economic and non-economic damages from the injuries. These damages could include medical expenses as well as lost wages and emotional stress.

Prenatal visits are essential to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical malpractice caused the birth defect of your child Contact a medical negligence and birth injury lawyer immediately.

Toxic Chemicals

Every year thousands of children are born with a form of birth defect in the United States. These defects can be of varying severity and impact the way children behave, appear and functions. Some are minor, but others can cause serious issues and may even cause death.

Birth defects can be caused by genetic disorders or a variety of chemcial and environmental factors. For example, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to ensuring that employers are held accountable when they expose pregnant mothers or their unborn babies to harmful substances or medications.

It is well-established in scientific research that certain toxins as well as chemicals can enter the placenta and affect the unborn baby. These chemicals are teratogenic. These teratogenic chemicals could cause birth defects, such as lips, palates, and clefts as well as spina Bifida.

While they are working, mothers are exposed to a variety of toxic chemicals. These chemicals can be consumed or inhaled through the skin of the body. These chemicals comprise industrial solvents such as the ethylene glycol-ethers (EGE) used in the production of semiconductors. Parents can be exposed to these chemicals when they consume certain over-the-counter and prescription drugs. Many drugs have not been thoroughly tested on pregnant women and have led to birth defects.

Environmental Exposure

While genetic disorders are one of the most prevalent causes of birth defects, environmental exposure is also a major cause. Many different chemicals and toxins that are present in the home as well as in food items can increase the risk of having a birth defect. This includes fungicides, pesticides, lead, heavy metals, certain paints and many other chemical compounds. Exposure to toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.

Researchers are still trying to find the specific cause of a birth defect. It could be that a combination of factors can cause the condition. The trick is to assess the effects of these factors in real-time. The National Children’s Study is important because it is now underway across several states. The NCS will enroll 100,000 women from a representative population and follow their progress over time, as well as their children. This study will provide the most complete information to date on how various environmental factors influence fetal and child health.

Many parents who have a birth defect in their child feel guilt and believe that they caused it. However, these birth defects are often unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families with children with birth defects.

Product Liability

Birth problems can be caused by many causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, many of these causes can be prevented. If your child was born with a medical condition which could have been prevented and you are entitled to recover damages through a birth defect lawsuit.

A New York birth defect attorney will be able to help you determine if your child’s problem is caused by a medication, chemical or environmental exposure that qualifies for compensation. Your legal team can calculate the total cost of medical expenses related to your child’s condition according to the severity.

Although the majority of birth defects aren’t caused by medical negligence, there are cases when a healthcare worker has been negligent before or during labor and birth. A doctor could incorrectly prescribe a medication that harms an infant before it is born, or make an error during surgery.

Our birth defect lawyers have successfully litigated claims where a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals, increasing the likelihood that she would give birth to a child who has birth defects. We have also filed birth defect lawsuits against companies that expose employees to dangerous substances on the job, such as a paint factory or semiconductor manufacturing company.