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Birth Defect Lawsuits

Parents want their children to be perfect, but at times that’s not feasible. If that happens it is imperative that parents who are in shock seek the help of seasoned birth defect lawyers.

Medical malpractice, dangerous drugs and environmental exposure can cause serious birth defects and injuries. A new ulm birth defect attorney York birth defect law firm can help you get answers.

Medical Malpractice

Medical malpractice occurs when a physician does not adhere to the accepted standards of care in his or her area of expertise. This could include failing to perform routine prenatal testing, prescribing medication that increases the chance of having a birth defect or committing a lapse during labor and delivery.

Birth defects and birth injuries can be the result of genetic and environmental causes, but sometimes they are the result of the negligence or malpractice of a doctor. For example, if a physician does not recognize the presence of a congenital defect in utero and then fails to notify parents of the disability, the parents can pursue a wrongful birth lawsuit seeking compensation for the ongoing costs associated with the disabled child.

A successful medical malpractice claim in holladay birth defect law firm defect cases requires that the doctor was obligated to the patient to perform a duty of care, that the physician violated that duty, the doctor’s actions or failure to act directly caused injuries and damages, and that the victim suffered economic and non-economic damages as a result of his or her injuries. These damages could include the expenses of medical bills, lost wages, pain and suffering, and emotional distress.

Certain birth defects and injuries are preventable through timely testing and monitoring during pregnancy. Therefore, it’s essential for pregnant women to adhere to their doctor’s advice about prenatal visits. If you suspect that your child’s birth defect is the result of medical malpractice, contact an experienced medical malpractice and birth injury lawyer as soon as possible.

Toxic Chemicals

Every year thousands of children are born with some form of birth defect in the United States. These defects can vary in severity and affect the manner in which a child looks, acts and functions in life. Some are minor, while others can cause serious problems and even lead to death.

The causes of a child’s birth defects can be attributed to genetic defects or a range of chemical and environmental factors. Exposure to toxic chemicals, for example can trigger serious complications in a newborn. Our firm is committed in ensuring that employers are held accountable when they expose pregnant women or their unborn children to harmful substances or medications.

It is well-established in scientific literature that certain toxins and chemicals can cross the placenta and harm the unborn baby. These chemicals are teratogenic. Exposure to these teratogenic chemicals can cause birth defects such as Cleft lips and palates as well as spina Bifida and muscular dystrophy.

While working, mothers are exposed to a range of harmful chemicals. These chemicals can be inhaled or inhaled, or absorbed by the skin. These chemicals include industrial solvents such as ethylene glycol ethers (EGE) that are used in the fabrication of semiconductors. These toxic substances can also be consumed by parents when they take certain prescription or over-the-counter medications. This is due to the fact that a number of drugs aren’t adequately tested on pregnant women and have been found to cause birth defects.

Environmental Exposure

While genetic disorders are one of the most common causes of birth defects, exposure to environmental factors can also be a significant factor. Numerous different chemicals and toxins found in our homes, workplace and food could increase the chances of a birth defect. These include fungicides, pesticides and lead, as well as heavy metals, certain paints and various chemical compounds. Exposure to these toxic substances is often inevitable. However, if companies do not take precautions to protect pregnant employees they’re negligent and could be held responsible.

Researchers are still unable to identify the exact cause of a specific birth defect. It could be that an interaction between several factors can cause the condition, but the difficulty is assessing these interactions in real-time. The National Children’s Study is important because it is currently underway across several states. The NCS will enroll 100,000 women from diverse populations and monitor them and their children over the long-term. This study will provide most comprehensive data on how environmental factors impact fetal and childhood health.

Many parents who are suffering from a child’s birth defect are resentful that they have contributed to the condition, however it is often the case that these types of defects are inevitable. Our birth defect lawyers recognize this and are dedicated to helping families seek justice for children who suffer from birth defects.

Product Liability

Many birth defects result from a variety of factors, ranging from drugs and alcohol use 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 claim damages through a birth defect lawsuit.

A New York birth defect lawyer can help you determine if your child’s condition is the result of chemical exposure, a drug or another environmental trigger that could be eligible for compensation. Your legal team can estimate the total cost of medical bills for your child’s condition depending on the severity.

While the vast majority of birth defects aren’t caused by medical negligence, there are cases in which a doctor or healthcare worker was negligent prior to or during labor and delivery. A physician may incorrectly prescribe a medication which harms a baby before it is born, or they may make a mistake during surgery.

Our birth defect lawyers have successfully pursued lawsuits against drug makers when a mother’s medical healthcare provider has been exposed to prescription drugs or toxic chemicals that increase the chance of her having a child with a birth defect. We have also brought birth defect lawsuits against companies that expose their workers to dangerous substances on the job, such as a paint factory or semiconductor manufacturing companies.