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Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes it's impossible. When that happens it is crucial that parents in shock seek the help of seasoned birth defect lawyers.

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

Medical Malpractice

If a physician fails to adhere to the accepted standards of practice in his or her area, it is deemed medical malpractice. This could include failing to conduct routine prenatal tests and prescribing a medication that increases the likelihood of a birth defect or committing a lapse during the labor and delivery.

Birth defects and birth injuries are usually due to genetic and environmental causes, but sometimes they are caused by a doctor's negligence or malpractice. For instance when a doctor fails to detect an inborn disability and then fails to notify parents of this disability, the parents can file a wrongful birth claim seeking compensation for the lifelong expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases must prove that the doctor had a duty to the patient of care, that the physician violated this duty, the doctor's actions or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic losses due to his or her injuries. These damages could include medical expenses or lost wages, as well emotional distress.

Prenatal visits are essential to ensure that pregnant women receive the necessary tests and monitoring. If you suspect that medical malpractice caused your child's birth defects, contact a medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year thousands of children are born with some kind of birth defect in the United States. These defects vary in severity and affect way that a child appears and behaves in life. Some are minor while others can cause serious problems and may even cause death.

Birth defects can result from genetic defects or a range of environmental and chemcial factors. For example, exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed to holding employers accountable when they expose pregnant women or their unborn children to harmful substances or medications.

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

Many mothers are exposed to a wide variety of toxic chemicals while they are at work. These chemicals can be inhaled or inhaled through the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the production of semiconductors. Parents may also be exposed toxins when they are consuming certain over-the-counter and prescription drugs. Many medications have not been thoroughly tested on pregnant women and may cause birth defects.

Environmental Exposure

Environmental exposure is one of the main causes of birth defects. Genetic disorders are a common cause but it's not the only one. Many different chemicals and toxins found in the home or workplace can increase the chance of having a birth defect. Pesticides and fungicides are among the most common. Heavy metals, paints, heavy pigments, and certain chemicals are also included. Exposure to toxic substances is nearly always inevitable. However, if companies fail to protect pregnant employees they are negligent and can be held responsible.

Researchers are still trying to determine the root of the birth defect lawsuit defect. It could be that a combination of factors may cause the condition. The trick is to analyze the effects of these factors in real-time. The National Children's Study is important because it is in progress in a variety of states. The NCS will enroll 100 women from the representative population and follow them and their children for the long-term. This study will provide the most comprehensive data available on how different environmental factors affect fetal and child health.

Many parents suffering from a child's birth defect feel guilty that they may have contributed to the problem, but it's often the case that these types of defects are unavoidable. Our birth defect attorneys are aware of this and are dedicated in helping families with children who have birth defects.

Product Liability

Many birth defects are caused by a variety of factors ranging from drug and alcohol use 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, you may be able to get compensation in a lawsuit for birth defects.

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

Although the majority of birth defects aren't caused due to medical negligence, there are cases where a doctor or healthcare worker has been negligent before or during labor and delivery. A physician may incorrectly prescribe a medication that harms an infant before it is born, or they may commit a mistake during surgery.

Our birth defect attorneys have successfully prosecuted claims in which a mother’s health care provider was exposed to prescription drugs or toxic chemicals which increased the chance that she will give birth to a child with birth defects. We have also brought birth defect lawsuits against companies that expose workers to hazardous substances at work in a paint factory or semiconductor manufacturing company.

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