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Birth Defect Lawsuits

Parents wish 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 help of experienced birth defect lawyers.

Birth defects and injuries can result from medical malpractice and dangerous drugs or exposure to environmental toxins. A New York birth defects law firm can help.

Medical Malpractice

Medical malpractice occurs when a doctor violates the accepted standard of care in his or her area of expertise. It could be a failure to perform routine prenatal tests or prescribing medications that increase the chance of having a birth defect lawyer defect or committing a lapse during the labor and delivery.

Birth defects and birth injuries are typically caused by genetic or environmental causes, but sometimes they arise due to the negligence or malpractice of a doctor. For instance in the event that a physician fails to detect a congenital disorder in the uterus and then fails to notify parents of the condition, parents may pursue a wrongful birth lawsuit seeking compensation for the lifelong costs associated with the disabled child.

To win a medical malpractice case in birth defect cases the plaintiff has to prove that the doctor owed a duty of care to the patient, and that he did not fulfill the duty, that his actions or lack of action directly triggered damages and injuries, and that the patient suffered economic and non-economic losses due to the injuries. These damages could include medical bills or lost wages, as well emotional stress.

Some birth defects and injuries are preventable by prompt testing and monitoring during pregnancy, which is why it's important for pregnant women to adhere to their doctor's advice about prenatal visits. If you suspect that medical negligence caused your child's birth defects you should contact a medical malfeasance and birth injury attorney immediately.

Toxic Chemicals

In the United States, thousands of babies are born every year with a birth defect. These defects vary in severity and affect manner in which a child looks, behaves and performs in life. Some are minor, while others can cause serious problems that may be fatal.

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

In scientific research, it is known that certain chemicals and toxins can traverse the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. These teratogenic chemicals could cause birth defects like the cleft palate, lips and spina bifida.

While working, mothers are exposed a variety of toxic chemicals. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvents, such as EGE or ethylene glycol (EGE) used in the manufacture of semiconductors. Parents can also be exposed to these poisons when they consume certain over-the-counter and prescription drugs. This is because many pharmaceuticals are not adequately tested on pregnant women and have been shown to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most frequently cited causes of birth defects, environmental exposure is also a major factor. The presence of various chemicals and toxins in the home, at work and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most frequent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the exact cause of a birth defect. It could be that an interaction between several factors can cause the condition, but the problem is evaluating the effects of these interactions in real time. This is why the National Children's Study, now underway in a variety of states, is so important. The NCS will enroll 100,000 women from representative population and follow them throughout their lives and also their children. This study will provide the most complete information on the effects of environmental factors on the health of infants and children.

Many parents who are suffering from a child's birth defect feel guilty that they somehow contributed to the condition, however it is the norm that these kinds of issues are inevitable. Our birth defect attorneys understand this and are committed to helping families with children with birth defects.

Product Liability

Many birth Defect Law firms defects are caused by a range of factors, ranging from drugs and alcohol use during pregnancy to genetics. Fortunately, many of these causes are preventable. If your child was diagnosed with a medical issue which could have been avoided it is possible to get compensation in lawsuits for birth defects.

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

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

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers when a mother's medical care provider has been exposed to prescription medications or toxic chemicals that increase the chance of her child developing birth defects. We also have brought birth defect lawsuits against companies that expose workers to dangerous chemicals at work for example, a paint factory or semiconductor manufacturing companies.