Guide To Birth Defect Litigation: The Intermediate Guide To Birth Defect Litigation

Why You Should Hire a Birth Defect Lawyer

If your child was born with a birth defect this can have a devastating effect on you and your family. Medical bills, therapy expenses and other expenses can quickly add up.

A Hyattsville birth defect lawyer could help you file an appeal to receive compensation for the costs of caring for your child with disabilities. Legal claims for birth defects are complicated, so it is important to seek legal advice immediately.

Medical Malpractice

Medical professionals must follow an appropriate standard of care when treating pregnant women and their babies. If the actions of a doctor do not meet the standards and cause birth defect or injury, they can be held responsible for damage suffered by their patient. A DC lawyer who is experienced in lawsuits involving birth defects will help you determine if your child's condition could have been caused by an error made by the medical professional during pregnancy or the birth.

A doctor may also be responsible for an injury to the fetus if they fail to recognize or respond adequately to distress in the fetus. This could lead to a variety of serious problems, including hypoxic-ischemic encephalopathy (HIE) and cerebral palsy.

The difference between birth defects and birth injury is that defects are part of a person's genetic make-up, while injuries are caused by an event that occurs during labor, pregnancy, or during delivery. Injury can include Erb's Palsy which is a condition where the nerves that control the infant's arms and legs are stretched or torn. Another type of injury is the caput succedaneum, an increase in the size of the scalp. Both of these could result in permanent disability and require ongoing treatment, which can result in significant medical bills. A Washington, DC birth defect lawyer will provide a no-cost initial consultation to review your case and determine the most appropriate method of action for you and your child.

Prescription Drugs

A birth defect lawyer might be able help parents determine the cause for a child's birth defect. Many birth defects result from the genetics of the baby or other factors during pregnancy. However, medications can also cause birth defects. Many common medications have a significant effect on fetuses especially during the first trimester of a pregnancy. This includes anti-nausea medication such as NSAIDs, chemotherapy medicines including certain antibiotics, and more. These medications have been proven to increase the risk of developing limb and brain deformities, heart defects and craniosynostois.

A doctor's duty is to be aware of the risks when prescribing medications for women who are pregnant. If doctors fail to adhere to this standard of care, then they could be held accountable for negligence. Pharmaceutical companies could be held liable as well for not adequately informing mothers of the dangers that come with their medicines. For example, Zofran, a medication used to treat nausea in cancer patients, has been found to significantly increase the risk of major congenital problems in the first trimester of a pregnancy.

An attorney for birth defects can assist a family to obtain compensation for medical expenses, income loss and the quality of life. This could include hospital, doctor's, pharmaceutical, and other expenses, as well as assistive devices and therapies.

Chemical Exposure

A birth defect lawyer may bring an action on behalf of families of children who suffer from congenital disabilities that result from the negligence of companies who expose pregnant women chemicals or drugs that cause birth defects. These lawyers are specially trained to identify the cause of birth defects, so that they can bring a lawsuit against companies who expose pregnant women to teratogens either at workplace or at home.

Some of the chemical exposures that lead to birth defects include herbicides, fungicides, metals and other pesticides. They are referred to as teratogens due to their impact on the healthy development of the fetus by making chemical changes that inhibit normal cell function or lead to organs that are not properly formed. These chemicals can be present in a variety locations, such as the manufacturing of semiconductors and birth Defect cleaning of metals.

Other chemicals that may cause birth defects include the aliphatic hydrocarbons like dichloroethane or trichloroethylene perchloroethylene. These chemicals have been proven to cause birth defects in the heart in babies born to mothers exposed in the womb.

Parents have filed lawsuits against a variety of companies who were responsible for the exposure of families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defects lawyers have secured significant settlements for families who have children who were born with serious defects as a result of the toxic chemical exposures at the base.

Environmental Exposure

Certain birth defects can be caused by a combination of medical negligence as well as environmental conditions or chemicals. If a family suspects the birth defects of a child could be due to medical negligence or prescription drug overdose or exposure to harmful chemical such as benzene, they should seek out a DC birth defect lawsuit injury lawyer to discuss their case.

Chemicals and other pollutants in the environment can cause serious birth defects when they are consumed by or absorbed by pregnant women. These chemicals are called teratogens. Over 4 million chemicals are present in our air, food and water, and some of them can be harmful if they come into contact with pregnant women.

Arsenic from drinking water or cadmium in contaminated coal, for example, can cause birth defects as well as other health problems. Industrial solvents such as trichloroethylene, toluene, and benzene (a metal degreaser) are also linked with certain birth defects. Glycol ethers that are utilized in the production of semiconductors, silicon chips and video displays, are known to increase a woman's chance of having birth defects too.

Our experienced attorneys for birth defects have filed numerous lawsuits in the name of children who suffered from many birth defects due to the wrongful exposure to chemicals or toxic substances at work or at home. These lawsuits involve complicated scientific analyses and expert witnesses such as toxicologists and epidemiologists.