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Birth Defect Lawsuits

Parents want their children to be perfect, but in some cases that's not possible. When that happens, it is essential that parents who are in shock seek the help of experienced birth defect 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 assist you in getting answers.

Medical Malpractice

When a doctor fails follow the accepted standard of practice in their region, it's deemed medical malpractice. This could mean not performing prenatal tests or prescribing medications which increase the chance of birth defects or committing an error during labor or delivery.

Birth defects and birth injury can be caused by environmental and genetic factors, but they can also be the result of the negligence of a doctor. For example in the event that a physician fails to detect a congenital disability in utero and fails to inform parents of this condition, parents may bring a wrongful birth claim seeking compensation for all the lifetime expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the physician had a duty to the patient of care, that the physician breached this duty, that the doctor's negligence or failure to act caused injuries and damages and that the victim was harmed economically and non-economically due to the injuries. These damages could include medical expenses, lost wages and emotional stress.

Prenatal visits are essential to ensure that pregnant women receive the required testing and monitoring. If you suspect that medical malpractice caused the birth defect of your child, contact a medical malpractice and birth injury lawyer as soon as you can.

Toxic Chemicals

In the United States, thousands of babies are born every year with birth defects. These birth defects are of various degrees and affect the way that the child behaves, looks and performs. Some are minor while others can cause serious problems and can even be fatal.

The reasons for a child's birth defects can be attributed to genetic defects or a range of environmental and chemical factors. Exposure to harmful chemicals, for example can trigger serious complications in babies. Our firm is committed to holding employers accountable for exposing pregnant women and their unborn babies to harmful substances or medications.

In the scientific literature, it is well-established that certain chemicals and toxins can traverse the placenta and affect the unborn child. These toxins are called teratogenic. These teratogenic chemicals can cause birth defects like cleft lips, palates and spina bifida.

Many mothers are exposed to various toxic chemicals when they are working. They can be inhaled, 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 chemicals when they consume certain prescription and over-the-counter 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 among the most frequently cited causes of birth defects, environmental exposure can also play a role. Many different chemicals and toxins that are present in the home or workplace can increase the risk of a birth defect. This includes fungicides, pesticides and lead, as well as heavy metals, certain paints and other chemical compounds. Exposure to these toxic substances is almost always inevitable. However, when companies fail to protect pregnant employees, they are negligent and could be held accountable.

Researchers are unable to determine exactly what causes the specific birth defect. It is possible that a mix of factors can trigger the condition. The challenge is to evaluate 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 follow their progress over time as well as their children. This study will provide the most complete data available on how various environmental factors influence fetal and child health.

Many parents who are suffering from a birth defect in their child feel guilty for having contributed to the condition, however it is the norm that these kinds of issues are a given. Our birth defect lawyers understand this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Many birth defects are caused by a range of factors that range from drug and alcohol consumption during pregnancy to genetics. Fortunately, most of these causes can be avoided. If your child was born with a medical issue that could have been prevented in the first place, you may be able to recover damages through a birth defect lawsuit.

A New York birth defect lawyer will be able to assist you determine whether your child's condition is the result of chemical exposure, a drug or any other environmental cause that is a reason to seek compensation. Depending on the degree of your child's illness your legal counsel will be able to estimate the total cost of associated medical expenses that are admissible for compensation.

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

Our birth defect attorneys have successfully prosecuted cases where a mother's health medical professional was exposed to toxic chemicals or prescription drugs which increased the chances that she would give birth to a child suffering from birth defects. We have also brought birth defect lawsuits against companies that expose employees to dangerous chemicals while working for example, a paint factory or semiconductor manufacturing company.