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Birth Defect Litigation: 10 Things I'd Loved To Know Earlier
Birth Defect Lawsuits

Parents would like their children to be perfect, but at times that's not feasible. When that becomes a reality it is crucial for parents to seek out the assistance of skilled birth defect lawyers.

Medical negligence, dangerous drugs and exposure to environmental hazards can lead to serious birth defects and injuries. A New York birth defects law firm can help.

Medical Malpractice

If a doctor does not follow the accepted standard of practice in their field, it's considered medical malpractice. This could mean failing to conduct routine prenatal testing and prescribing a medication that increases the risk of a birth defect or committing a lapse during the birth and delivery.


Birth birth defects and birth injuries can be caused by genetic or environmental causes, but sometimes they occur due to medical negligence or malpractice. For example the case where a doctor is unable to identify a congenital disorder in the uterus and fails to inform parents of the impairment, parents can bring a wrongful birth claim seeking compensation for the ongoing expenses incurred by the disabled child.

A successful medical malpractice claim in birth defect cases requires that the doctor had a duty to the patient of care, that the doctor did not fulfill this duty, that the doctor's negligence or failure to act caused injuries and damages and that the victim suffered economic and non-economic damage due to the injuries. These damages could include the costs of medical bills, lost wages, pain and suffering, and emotional distress.

Some birth injuries and defects are preventable through timely testing and monitoring during pregnancy. Therefore, it's essential for pregnant women to follow their doctors' advice regarding prenatal appointments. 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

Every year thousands of children are born with some kind of birth defect within the United States. These defects can be of varying severity and affect the way that children behave, look and performs. Some are minor, while others can cause serious problems and even be fatal.

The causes of birth defects can be attributed to genetic anomalies or a wide range of chemical and environmental factors. For example exposure to toxic chemicals can cause serious problems for a newborn. Our firm is committed in bringing employers to account when they expose pregnant women or their unborn children to harmful drugs or substances.

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

While working, mothers are exposed of toxic chemicals. They can be ingested or inhaled, or absorbed by the skin of the body. These chemicals include industrial solvents such as ethylene glycol and ethers (EGE), which are used in the production of semiconductors. These toxins can also be ingested by parents when they take certain prescription and over-thecounter medicines. A lot of pharmaceuticals haven't been adequately tested on pregnant women and have led to 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 one. A variety of toxins and chemicals found in the home workplace, food and work environment can increase the risk of having a birth defect. Pesticides and fungicides are among the most commonly used. Heavy metals, paints heavy pigments, certain chemicals are also included. Exposure to toxic substances is almost always inevitable. However, when employers fail to protect pregnant employees, they are negligent and can be held accountable.

Researchers have yet to pinpoint the root of the birth defect. It is possible that a mix of factors can cause the condition. The challenge is to evaluate these interactions in real-time. This is why the National Children's Study, now being conducted in a number of states, is so crucial. The NCS will enroll 100,000 women from a representative population and track them throughout their lives as well as their children. This study will provide most comprehensive information about how environmental factors impact fetal and childhood health.

Many parents who have a birth defect in their child feel guilty believing that they contributed to it. However, these birth defects are not always preventable. Our birth defect lawyers know this and are committed to families seeking justice for children who suffer from birth defects.

Product Liability

Birth defects can be caused by a variety causes, ranging from drugs or alcohol consumption during pregnancy to genetic. Fortunately, many of these causes can be avoided. If birth defect attorneys st cloud was diagnosed with a medical issue which could have been avoided, you may be able to claim damages in a lawsuit involving birth defects.

A New York birth defect lawyer will be able to help you determine whether your child's illness is caused by an exposure to chemicals, medication or another environmental trigger which is eligible for compensation. Based on the severity of your child's health condition the legal team will also be able to calculate the total cost of medical bills that are qualified for compensation.

While the vast majority of birth defects aren't caused by medical negligence, there are occasions where a doctor or healthcare worker has been negligent prior to or during labor and delivery. A doctor could incorrectly prescribe a medication that injures a baby before it is born, or they may make a mistake during surgery.

Our birth defect attorneys have successfully defended claims in which a mother’s health healthcare provider was exposed prescription drugs or toxic chemicals which increased the risk that she would give birth to a child suffering from birth defects. We also have brought birth defect lawsuits against companies who expose workers to harmful substances in the workplace like a paint factory or semiconductor manufacturing companies.

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