Birth Defect Litigation: A Simple Definition

Why You Should Hire a Birth Defect Lawyer

If your child is born with a birth defect this can be devastating for you and your entire family. The cost of therapy, medical bills and other losses can quickly accumulate.

A Hyattsville birth defect lawyer could help you file a claim to recover reimbursement for the costs of taking care of your disabled child. Legal claims for birth defects are a bit nebulous and therefore it is crucial to seek legal advice as soon as you can.

Medical Malpractice

Medical professionals are required to adhere to a certain standard when treating pregnant women or their babies. A doctor can be held liable for damages if their actions result in birth defects or injuries. A DC lawyer who has experience in birth defect lawsuits can help you determine if your child's illness could have been caused by a medical error during the pregnancy or delivery.

A doctor may be held accountable for birth injuries if they fail to detect fetal distress or are unable to respond in a timely manner. This can cause various serious problems, including hypoxic-ischemic encephalopathy and brain injuries such as cerebral palsy.

The distinction between a birth defect and a birth injury is that defects are part of a person's genetic makeup, while injuries are caused by something that happens during labor, pregnancy or birth. Injury can include Erb's Palsy where the nerves that control the baby's arms and limbs are stretched or torn. Another injury is the caput succedaneum, an increase in the size of the scalp. Both can result in lifelong disability, and ongoing treatment will cost a great deal of money. A Washington, DC birth defect lawyer can offer a no-cost initial consultation to examine your case and determine the best way to proceed for you and your child.

Prescription Drugs

A birth defect attorney may be able to assist parents in determining the reason behind an infant's birth injury. Many birth defects result from genetics or factors during pregnancy. However, medications can also cause birth defects. Certain commonly used medications can have negative effects on the fetuses. This is particularly applicable in the early months of pregnancy. Anti-nausea medicines, NSAIDs and chemotherapy medications are among the most popular. These drugs have been linked with an increased chance of limb deformities, heart defects, brain defects and craniosynostois.

It is the professional responsibility of doctors to be aware of the risks when prescribing medication for pregnant women. If doctors fail to meet this standard of care, they could be held accountable for medical negligence. Pharma companies could also be held responsible for not properly inform mothers of the risks associated with their medications. For example, Zofran, a medication used to treat nausea in cancer patients, has been shown to significantly increase the risk of serious congenital defects during first trimester pregnancies.

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

Chemical Exposure

A birth defect lawyer can file an action on behalf of families of children who suffer from congenital disabilities resulting from the negligence of businesses which expose pregnant women to chemicals or drugs that cause birth defects. These lawyers are specially trained to identify the cause of the birth defect, so they can bring a lawsuit against companies who 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 due to the fact that they interfere with the normal development of a foetus by causing chemical changes that lead to abnormal organs or prevent normal cell function. These chemicals are present in many different settings, including the manufacturing of semiconductors, metal cleaning and paint production.

Other harmful chemicals that could cause birth defects are aliphatic chlorinated hydrocarbons, such as trichloroethylene, birth defect Attorney perchloroethylene and dichloroethane. These chemicals have been proven to cause birth defects in the heart in babies born to mothers who were exposed during their time in the womb.

Parents have filed lawsuits against a variety of firms that were responsible for exposing the families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defect lawyers have secured substantial settlements for families whose children were born with serious defects as a result of the exposure to toxic chemicals at the base.

Environmental Exposure

Certain birth defects are caused by a combination of medical negligence and environmental conditions or chemicals. If a family suspects that the birth defect of their child may be due to medical negligence, prescription drug abuse or exposure to toxic chemicals, they should talk to a DC birth injury lawyer to discuss the situation.

If pregnant women consume or absorb contaminants from the surrounding environment and birth defect attorney then develop birth defects. Teratogens is the name given to these substances. More than 4 million chemicals exist in our food, air and water, and some of them are harmful if they come into contact with a woman who is pregnant.

Arsenic in drinking waters or cadmium from coal that is contaminated for instance, may cause birth defects and other health problems. Certain birth defects are also related to industrial solvents, such as benzene (a metal degreaser) and toluene (a solvent for plastics) and trichloroethylene. Glycol ethers that are utilized in the production of semiconductors, silicon chips and video displays are well-known to increase the risk of developing birth defects too.

LK's experienced birth defect attorneys have brought many lawsuits on behalf of children who have suffered from a wide range of birth defects due to the wrongful exposure to chemicals and toxic substances at workplaces or in their homes. These lawsuits are based on complex scientific analyses and expert witnesses, such as toxicologists and epidemiologists.