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Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that’s not feasible. If this happens, it is essential that parents who are in shock seek the assistance of experienced birth defect lawyers.

Birth problems and injuries can result from medical malpractice and dangerous drugs, and environmental exposure. A New York birth defect law firm can help you get answers.

Medical Malpractice

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

Birth birth defects and birth injuries are often the result of genetic and environmental factors, but sometimes they are caused by medical negligence or malpractice. For example in the event that a physician fails to recognize the presence of a congenital defect in utero and fails to notify parents of the disability, the parents may file a wrongful birth claim seeking compensation for all the lifetime expenses associated with the disabled child.

To prevail in a medical negligence case in birth defects the plaintiff must show that the doctor owed a duty of duty to the patient, that he failed to fulfill that duty, that his actions or lack of action directly led to damages and injuries and that he was a victim of economic and non-economic damages due to the injuries. These damages could include medical bills or lost wages, as well emotional distress.

Some birth injuries and defects are preventable by prompt testing and monitoring during pregnancy, which is why it’s important for pregnant women to follow their doctors’ recommendations regarding prenatal appointments. If you suspect that your child’s birth defect is the result of medical malpractice, consult an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

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

The causes of a child’s birth defects could be due to genetic anomalies or a wide range of chemical and environmental factors. For example exposure to toxic chemicals could cause serious health issues for newborns. Our firm is determined to hold employers accountable for exposure of pregnant women and their newborn babies to harmful substances or medications.

It is well-established in scientific research that certain toxins and chemicals can cross the placenta and affect an unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals may cause birth defects like the cleft lip and palate spina bifida, spina bifida and muscle dystrophy.

Many mothers are exposed many toxic chemicals when they are working. These chemicals can be breathed in, consumed or absorbed through the skin. These chemicals include industrial solvants like ethylene glycol ethers (EGE), which are used in the fabrication of semiconductors. Parents can also be exposed to these chemicals when they consume certain prescription and over-the counter drugs. Many drugs have not been properly tested on pregnant woman and have led to birth defects.

Environmental Exposure

Environmental exposure is a major cause of birth defects. Genetic disorders are a common cause but it’s not the only reason. 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. These include fungicides, pesticides, lead, heavy metals, some paints and various chemical substances. Exposure to toxic substances is almost always inevitable. If employers fail to protect their pregnant employees, it is a breach of duty and they could be held accountable.

Researchers are still unable to pin down exactly what causes the specific birth defect. It is possible that a variety of factors can trigger the condition. The problem is to assess these 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 them throughout their lives and also their children. This study will provide the most complete data to date on how different environmental factors impact fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the problem, but it’s usually the case that these types of defects are a given. Our birth defect lawyers know this and are dedicated to families who seek justice for children suffering from birth defects.

Product Liability

Many birth defects result from a variety of causes ranging from drug and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition that could have been avoided and prevented, you could be able to recover damages in a lawsuit for birth defects.

A New York birth defect attorney can assist you to determine if your child’s illness is due to the use of a medicine, chemical or environmental exposure that qualifies for compensation. Based on the severity of your child’s condition the legal team will be able to estimate the full cost of the medical bills that are qualified for compensation.

Although the majority of birth defects aren’t caused by medical negligence, there are some instances in which a doctor or healthcare worker was negligent prior to or during labor and birth. A doctor might prescribe a medication that harms a baby even before birth, or make an error in surgery.

Our birth defect lawyers have successfully pursued claims against drug manufacturers where a mother’s health healthcare provider has been exposed to prescription medications or toxic chemicals that increase the likelihood of her child being born with a birth defect. We also have brought birth defect lawsuits against semiconductor and paint factories who expose their workers to dangerous chemicals at work.