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 be devastating for you and your family. Therapy costs, medical bills and other expenses can quickly add up.

A Hyattsville lawyer with a specialization in birth defects may be able to help to file a claim for compensation for the cost of taking care of your disabled children. Legal claims for birth defects are complex and therefore it is crucial to seek legal advice immediately.

Medical Malpractice

Medical professionals must adhere to a standard of care when treating pregnant women and their infants. A doctor can be held responsible for damages when their actions cause birth defects or injuries. A DC lawyer who has experience in lawsuits involving birth defects can help you determine if your child's condition could be the result of an error made by the medical professional during pregnancy or during delivery.

A doctor may also be held accountable for birth injuries if they fail to recognize fetal distress and don't respond appropriately. This can cause a number of serious issues, such as hypoxic-ischemic encephalopathy (HIE) and brain injuries such as cerebral palsy.

The difference between birth defects and birth injury is that defects are part of a person's genetic makeup and injuries are caused due to something happening during labor, pregnancy or delivery. Injuries can be caused by Erb's palsy where the nerves that control the baby's arms and limbs are stretched or torn. Another form of injury is caput succedaneum - a swelling on the scalp. Both can lead to a permanent disability and ongoing treatment can cost a significant amount of money. A Washington, DC birth defect lawyer will provide a no-cost initial consultation to look over your case and determine the most appropriate method of action for you and birth your child.

Prescription Drugs

A birth defect lawyer may be able to assist parents determine the reason for the child's birth injury or defect. While many birth defects are due to genetics and the factors that influence the pregnancy of a mother however, they can also be caused as a result of medication. A number of commonly used medications have a significant effect on fetuses, especially in the first trimester of pregnancy. Anti-nausea medicines, NSAIDs and chemotherapy medications are among the most popular. These medications have been linked to an increased risk of deformities in the limbs and heart defects, brain deformities and craniosynostosis.

A doctor's responsibility is to consider these risks when prescribing medication for pregnant women. When doctors fail to meet this standard of care, they could be held accountable for medical malpractice. Pharmaceutical companies can be held liable as well for not properly warning mothers of the dangers associated with their drugs. For instance, Zofran, a medication used to treat nausea in cancer patients, has been proven to significantly increase the risk of major congenital defects in first trimester pregnancies.

An attorney who specializes in birth defects can assist a family in obtaining compensation for medical expenses, loss of income and quality of living. This could include hospital costs medical expenses, doctor's fees and pharmaceutical costs, and other expenses, as well assistive devices and therapy.

Chemical Exposure

A birth defect lawyer may bring a lawsuit for families of children who suffer from congenital disabilities because from the negligence of companies which expose pregnant women and drugs that can cause birth defects. These lawyers are specially trained to determine the root of the birth defect to file a lawsuit against companies who expose mothers to teratogens when they are at work or in their homes.

Metals, fungicides and birth herbicides as well as pesticides are a few chemicals that can cause birth defects. These chemicals are known as teratogens due to the fact that they affect the development of a healthy fetus through chemical changes that can cause abnormal organs or block normal cell function. These chemicals are found in diverse settings like manufacturing of semiconductors, metal cleaning and paint production.

Other hazardous chemicals that could cause birth defects are aliphatic hydrocarbons with aliphatic chlorinated chemistry such as trichloroethylene, perchloroethylene and dichloroethane. These chemicals have been known to cause birth defects, such as cardiac defects in babies born to mothers exposed to them in the womb.

Parents have filed lawsuits in order to ensure that companies are held accountable for the families of soldiers in Camp Lejeune, North Carolina, to harmful chemicals. Some of these birth defect lawyers have secured significant settlements for families who had their children born with severe defects as a result of the toxic chemical exposures at the base.

Environmental Exposure

Certain birth defects are caused by the combination of medical negligence as well as environmental conditions or chemicals. If a family believes their child's birth defect may result from medical malpractice, prescription drug overdose or exposure to toxic chemicals, they should speak with a DC birth defect attorney injury lawyer to discuss the matter.

If pregnant women consume or absorb pollutants from the environment and then develop birth defects. These substances are known as teratogens. More than 4 million chemicals are found in our food, air and water. Certain of these chemicals may be harmful to pregnant women.

For instance, arsenic in drinking water and cadmium in coal that has been contaminated can trigger numerous birth defects and other health problems. Certain birth defects are also associated with industrial solvents like benzene (a metal degreaser) and toluene (a solvent for plastics) and trichloroethylene. Glycol-ethers are also known for their ability to increase the likelihood of birth defects occurring in women. These chemicals are used to make semiconductors, silicon chip displays and video displays.

The experienced attorneys at LK's firm for birth defects have filed numerous lawsuits in the name of children who suffered from a variety of birth defects due to an unintentional exposure to chemicals or toxic substances at work or at home. These lawsuits often involve sophisticated scientific analysis and expert witnesses, including toxicologists as well as epidemiologists, geneticists occupational medicine experts, and embryologists.