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5 Laws Anyone Working In Birth Defect Litigation Should Know
Birth Defect Lawsuits

Parents would like their children to be perfect, but in some cases that's not feasible. When that happens, it is essential that parents who are in shock seek the help of experienced birth defect lawyers.

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

Medical Malpractice

When a doctor fails to follow the accepted standard of practice in his or her area, it is deemed medical malpractice. This could mean failing to perform routine prenatal testing or prescribing medication that increases the chance of having a birth defect, or making a mistake during the labor and delivery.

Birth birth defects and birth injuries are typically due to genetic and environmental causes, however sometimes they arise due to the negligence or malpractice of a doctor. If a doctor fails to detect congenital defects in utero, and then fails not to inform the parents, the parents may be in a position to file a lawsuit for compensation due to a birth defect for all costs for their child's disabilities.


A successful medical malpractice claim in birth defect cases must prove that the doctor owed the patient a duty of care, that the physician did not fulfill this duty, that the doctor's actions, or failure to act caused injuries and damages, and that the victim suffered economic and non-economic losses as a result of the injuries. These damages could include the costs of medical bills, lost wages as well as pain and suffering and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the necessary testing and monitoring. If you suspect that medical malpractice caused your child's birth defects you should contact a medical malfeasance and birth injury lawyer as soon as you can.

Toxic Chemicals

Every year thousands of children are born with a kind of birth defect within the United States. These birth defects can be of varying severity and impact the way children behave, appear and performs. Some are minor, whereas others can cause serious issues and may even cause death.

The causes of birth defects could be due to genetic defects or a range of environmental and chemical factors. For example exposure to toxic chemicals can cause serious problems for a newborn. Our firm is determined to hold employers accountable for exposing pregnant women and their newborn babies to harmful substances or drugs.

It is well-established in scientific literature that certain toxins and chemicals can cross the placenta and harm an unborn baby. These toxins are teratogenic. The exposure to these chemicals can cause birth defects like the cleft palate and lips as well as spina bifida, and muscular dystrophy.

Many mothers are exposed a wide variety of toxic chemicals while working. These chemicals can be breathed in or ingested, or simply absorbed through the skin. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) that are used in the production of semiconductors. These chemicals can also be consumed by parents when they take certain prescription and over-the-counter drugs. This is because a lot of pharmaceuticals are not adequately tested on pregnant women and have been demonstrated to cause 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 cause. 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. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.

Researchers have yet to pinpoint the specific cause of a birth defect. It is possible that a variety of factors can trigger the condition. The next step is to assess these interactions in real-time. The National Children's Study is important because it is now underway in several states. The NCS will enroll 100,000 women from representative populations and monitor them and their children for the long run. This study will provide the most comprehensive data on how environmental factors impact the health of children and fetuses.

Many parents who have a birth defect in their child feel guilt and believe that they were responsible for the defect. However, these defects are not always preventable. Our birth defect attorneys understand this and are dedicated in helping families who have children who have birth defects.

Product Liability

Birth problems can be caused by many causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, many of these causes can be prevented. If your child was diagnosed with a medical condition that could have been prevented it is possible to claim damages in an action for birth defects.

A New York birth defect attorney can assist you to determine if your child's problem is caused by an illness, chemical or environmental exposure that is eligible for compensation. Depending on the degree of your child's illness your legal team will also be able to determine the full cost of the associated medical bills that are admissible for compensation.

Although birth defect attorney burbank of birth defects are not caused by medical negligence, there are instances where a healthcare professional has been negligent before or during labor and delivery. A doctor could prescribe a medication incorrectly that could harm a baby, even before birth, or make an error during surgery.

Our birth defect lawyers have successfully prosecuted claims against drug manufacturers in which a mother's health healthcare provider has been exposed to prescription medications or toxic chemicals that can increase the risk of her child developing birth defect. We have also brought birth defect lawsuits against semiconductor manufacturers and paint factories which expose their employees to toxic chemicals while in the workplace.

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