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, it can have a devastating effect on you and your family. Medical bills, therapy expenses and other losses can add up quickly.

A Hyattsville lawyer who specializes in birth defects can help you claim reimbursement for the expenses of taking care of your disabled children. A legal claim for birth defects can be complicated, which is why you should consult a lawyer as soon as possible.

Medical Malpractice

Medical professionals are required to follow a standard when treating pregnant women or their babies. If a doctor's actions are in violation of this standard and result in birth defects or injuries and/or death, they may be held accountable for injuries suffered by their patient. A DC lawyer with experience in lawsuits for birth defects can help you determine whether your child's condition could be due to a medical error during pregnancy or delivery.

A doctor can also be held liable for birth injuries if they fail to diagnose fetal distress or fail to respond appropriately. This could lead to a variety of serious issues, such as hypoxic ischemic encephalopathy (HIE) and brain injuries, such as cerebral palsy.

The distinction between birth defects and birth injury is that defects are a part of a person's genetic make-up, while injuries are caused due to something happening during labor, pregnancy or birth defect lawsuit. Injuries can result from conditions like Erb's Palsy which is caused when the nerves which energize and control the arms of a newborn are stretched or torn during birth and caput succedaneum, an increase in the size of the scalp. Both of these conditions can cause permanent disability and require ongoing treatment, resulting in large medical expenses. A Washington, DC lawyer who is skilled in birth defects can provide a free consultation to analyze your case and determine the best course of action for you and your baby.

Prescription Drugs

A birth defect lawyer could be able to assist parents identify the root of the child's birth injury or defect. Many birth defects result from genetics or factors during pregnancy. However, medications can also cause birth defects. A variety of commonly used medications can have negative effects on fetuses. This is particularly evident in the initial three months of pregnancy. Anti-nausea medicines, NSAIDs and chemotherapy drugs are among the most commonly used. These drugs have been shown to increase the risk of limb and brain deformities, heart defects, and craniosynostosis.

The duty of a doctor is to consider the risks when prescribing medications for pregnant women. If doctors do not follow this standard of care, they could be held accountable for negligence. Pharma companies may also be held responsible for not properly informing mothers of the risks associated with their medications. Zofran, which is used to treat nausea in cancer patients, has been found to increase the risk of major defects in first-trimester pregnancy.

A birth defect attorney can assist a family to obtain compensation for medical expenses, income loss and quality of life. This could include hospital, doctor's or pharmaceutical costs, in addition to assistive devices and therapies.

Chemical Exposure

A birth defect lawyer can bring an action on behalf of families of children with congenital disabilities resulting from the negligence of companies that expose pregnant women to chemicals or drugs that cause birth defects. They are trained to identify what caused the birth defect, so they can sue companies which expose mothers to teratogens as they are working or in their homes.

Metals, fungicides, herbicides and pesticides are just a few of the chemicals that can cause birth defects. These chemicals are known as Teratogens as they interfere with the growth of the fetus producing chemical changes that block normal cell function, or can cause organs that are not properly formed. These chemicals can be found in diverse settings like manufacturing of semiconductors, cleaning of metals and paint production.

Other dangerous chemicals that may cause birth defects are aliphatic chlorinated hydrocarbons, such as perchloroethylene, trichloroethylene or dichloroethane. These chemicals have been known to cause birth defects, such as cardiac defects in babies born to mothers who were exposed to them while in the womb.

Parents have filed suit against a number of companies who were responsible for the exposure of families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defect lawyers have won substantial settlements on behalf of families whose children were born with serious defects as a result of the toxic chemical exposures at the base.

Environmental Exposure

Some birth defects can be caused by a combination of medical negligence and environmental conditions or chemicals. If a family suspects that the birth defects of a baby could be the result of medical negligence or prescription drug overdose or exposure to harmful chemical, birth they should consult a DC birth injury lawyer to discuss their case.

Chemicals and other substances in the environment can cause birth defects of a serious nature when they are consumed or taken in by pregnant women. These substances are known as teratogens. Over 4 million chemicals are present in our air, food and water and a few could be harmful if they come into contact with a woman who is pregnant.

Arsenic in drinking waters or cadmium found in coal that has been contaminated for instance, may cause birth defects as well as other health issues. Industrial solvents such as benzene toluene and trichloroethylene (a metal degreaser) are also linked to certain birth defects. Glycol-ethers also increase the risk of birth defects in women. These chemicals are used for the manufacture of semiconductors as well as silicon chip displays and video displays.

LK's experienced birth defect attorneys have brought many lawsuits on behalf of children who suffered from a myriad of birth defects caused by unintentional exposure to toxic chemicals and chemicals at workplaces or at home. These lawsuits require complex scientific analyses and expert witnesses like toxicologists and epidemiologists.