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Birth Defect Lawsuits

Parents want their children to be perfect, but sometimes that's impossible. When that happens it is vital for parents to seek the help of seasoned birth defect lawyers.

Birth injuries and birth defects could be caused by medical negligence and drugs that are harmful, and environmental exposure. A New York birth defects law firm can assist.

Medical Malpractice

Medical malpractice is when a doctor is in violation of the accepted standard of care in his or her field. This may include failing to perform prenatal testing or prescribing medications that increase the likelihood of birth defects, or making an error during labor and delivery.

Birth defects and birth injuries are usually caused by environmental and genetic causes, however, they could also be the result of a doctor's negligence. For example in the event that a physician does not recognize an inborn disability and fails to notify the parents of this disability, the parents may pursue a wrongful birth lawsuit seeking compensation for the lifetime costs associated with the disabled child.

In order to win a medical negligence case in birth defect cases the plaintiff must show that the doctor was in breach of a duty of care to the patient, and that he violated this duty, that his actions or inaction action directly caused damages and injuries, and that the patient was a victim of economic and non-economic damages due to the injuries. These damages might include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth problems and injuries can be avoided by prompt testing and monitoring during pregnancy. Therefore, it's crucial for pregnant women to follow their doctors' recommendations regarding prenatal visits. If you suspect that your child's birth defect is due to medical malpractice, you should contact an experienced medical malpractice lawyer and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect in the United States. These birth defects are of various degrees and affect the way that children behave, look and performs. Some are minor, whereas others can cause serious problems and may even cause death.

Birth defects can be caused by genetic anomalies or a range of environmental and chemcial factors. For example, exposure to toxic chemicals can cause serious complications for newborns. Our firm is committed to holding employers accountable for exposure of pregnant women and their unborn babies to harmful chemicals or drugs.

In scientific literature, it is well-established that certain chemicals and toxins may traverse the placenta and affect an unborn baby. These chemicals are referred to as teratogenic. The exposure to these teratogenic chemicals can cause birth defects such as cleft lips and palates, spina bifida and muscular dystrophy.

Many mothers are exposed an array of toxic chemicals when they are at work. They can be inhaled, consumed or absorbed through the skin. These chemicals include industrial solvents like the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. Parents may also be exposed to these toxic substances when they consume certain prescription and over-the-counter drugs. Many pharmaceuticals have not been adequately tested on pregnant women and have resulted in 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 reason. Many different chemicals and toxins that are present in the home workplace, food and work environment can increase the likelihood of a birth defect. These include pesticides, fungicides lead, heavy metals, certain paints and various chemical substances. Exposure to these toxic substances is often inevitable. When companies fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers are still trying to find the root of the birth defect. It is possible that a combination between a variety of factors could cause the condition, but the challenge is assessing the effects of these interactions in real time. This is why the National Children's Study, now getting under way in several states, is so crucial. The NCS will enroll 100,000 women from representative population and track them over time and their children. This study will provide most comprehensive data on the effects of environmental factors on the health of infants and children.

Many parents suffering from a child's birth defect attorneys defect feel guilty that they somehow contributed to the problem, but it is the norm that these kinds of problems are unavoidable. Our birth defect lawyers understand 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 factors, ranging from drugs and alcohol consumption during pregnancy to genetics. Fortunately, many of these causes can be prevented. If your child was born with a medical issue that could have been prevented in the first place, you may be able to claim damages in an action for birth defects.

A New York birth defect attorney can assist you to determine if the condition of your child is caused by an underlying chemical, medication or environmental exposure that is eligible for compensation. Depending on the severity of your child's health condition your legal counsel will also be able calculate the total cost of medical bills that are qualified for compensation.

While the vast majority of birth defects are not caused due to medical negligence, there are cases where a doctor or healthcare worker is negligent before or during labor and delivery. A doctor could prescribe a medication in a way that causes harm to a baby even before birth, or even make an error during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers when a mother's medical care provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her child developing birth defect. We also have brought birth defect lawsuits against paint factories and semiconductor producers that expose their workers to harmful chemicals during their work.