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What NOT To Do During The Birth Defect Litigation Industry
Birth Defect Lawsuits

Parents would like their children to be perfect, but sometimes that's not feasible. When that happens it is imperative for parents to seek the help of experienced birth defect lawyers.

Birth problems and injuries can result from medical malpractice or drugs that pose a risk, and environmental exposure. A New York birth defects law firm can help.

Medical Malpractice

Medical negligence occurs when a doctor violates the accepted standard of medical care in their area of expertise. This could mean failing to perform prenatal screening or prescribing medications that increase the likelihood of birth defects, or making an error during labor and birth.


Birth defects and birth injuries are usually the result of genetic and environmental causes, but occasionally they are the result of an error or negligence of a physician. For instance, if a physician fails to detect an inborn disability and fails to inform parents of this disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the lifetime expenses associated with the disabled child.

In order to prevail in a medical malpractice claim in birth defects the plaintiff must show that the doctor owed a duty of duty to the patient, that he breached this duty, that his actions or inaction action directly caused damages and injuries and that the patient suffered economic and non-economic losses due to the injuries. These damages could include cost of medical bills, lost wages, pain and suffering, and emotional distress.

Prenatal visits are necessary to ensure that pregnant women receive the required tests and monitoring. If you suspect that your child's birth defect is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer right away.

Toxic Chemicals

Every year, thousands of children are born with some type of birth defect in the United States. These defects vary in severity and impact way a child looks and behaves in life. Some are minor, whereas others can cause serious issues and can even be fatal.

Birth birth defects can be caused by genetic defects or a range of chemcial or environmental factors. For example exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is committed to bringing employers to account when they expose pregnant mothers or their unborn babies to harmful substances or medications.

It is well-established in the scientific literature that certain toxins and chemicals can enter the placenta and harm the unborn baby. These chemicals are teratogenic. These teratogenic chemicals may cause birth defects like lip clefts, palates, and spina bifida.

While working, many mothers are exposed of toxic chemicals. These chemicals can be inhaled or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvants like ethylene glycol-ethers (EGE) which are used in the production of semiconductors. These toxins can also be ingested by parents while they are taking certain prescription or over-the-counter medications. Many pharmaceuticals have not been properly tested on pregnant women and may cause birth defects.

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While genetic disorders are among the most frequent causes of birth defects, environmental exposure is also a major factor. The presence of various chemicals and toxins at the workplace, at home and in food can increase the risk of developing birth defects. Pesticides and fungicides are among the most prevalent. Paints, heavy metals, heavy pigments, and certain chemicals are also included. Exposure to these toxic substances is almost always inevitable. If companies fail to safeguard their pregnant employees, it is negligence and they can be held accountable.

Researchers are still unable to identify the exact cause of a particular birth defect. It is possible that a variety of factors can cause the condition. The problem is to study these interactions in real time. The National Children's Study is important because it is currently underway in a variety of states. The NCS will enroll 100,000 women from a representative population and monitor them over time, as well as their children. This study will provide comprehensive data on how environmental factors impact the health of infants and children.

Many parents who are suffering from a child's birth defect feel guilty for having contributed to the condition, however it's usually the case that these types of defects are not a choice. Our birth defect attorneys understand this and are dedicated in helping families with children who have birth defects.

Product Liability

Birth problems are caused by a variety of causes, from drug or alcohol consumption during pregnancy to genes. Fortunately, the majority of these causes can be avoided. If your child was diagnosed with a medical issue which could have been avoided and prevented, you could be able to recover damages in lawsuits for birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's illness was caused by chemical exposure, a drug or another environmental trigger that could be eligible for compensation. Based on the severity of your child's health condition the legal team will be able to estimate the total cost of medical bills admissible for compensation.

Although the majority of birth defects aren't caused by medical negligence, there are instances when a healthcare worker was negligent prior to or during labor and birth. A doctor may prescribe a medication incorrectly that can harm a baby before birth, or may make an error during surgery.

Our birth defect lawyers have successfully prosecuted lawsuits against drug makers in which a mother's health care provider has been exposed to prescription medication or toxic chemicals that increase the chances of her child being born with a birth defect. We also have filed birth defect lawsuits against paint factories and semiconductor manufacturers who expose their workers to toxic chemicals while when they work.

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