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

Why You Should Hire a Birth Defect Lawyer

If your child was born with a birth defect, it can be devastating for you and your family. Medical bills, therapy costs and other expenses can quickly become a burden.

A Hyattsville birth defect lawyer can help you file a claim to recover compensation for the cost of caring for birth your child with disabilities. Legal claims for birth defects are a bit nebulous and therefore it is vital to seek legal advice whenever you can.

Medical Malpractice

Medical professionals must follow a standard when treating pregnant women or their babies. If a doctor's actions are in violation of this standard and result in a birth defect or injury and/or death, they may be held accountable for the damage suffered by their patient. A DC lawyer who has experience in birth defects lawsuits can assist you in determining if your child's condition was caused by a medical mistake during pregnancy or the birth.

A doctor may also be the cause of an injury that occurs during birth if they fail to identify or respond adequately to fetal distress. This can lead to a range of serious complications, including hypoxic ischemic encephalopathy (HIE) and cerebral palsy.

Birth injuries differ from birth defects in that they are caused by circumstances during pregnancy, delivery or labor. The most common injuries are Erb's Palsy which occurs when the nerves that control the infant's limbs and arms are stretched or torn. Another type of injury is caput succedaneum - an inflammation of the scalp. Both of these can result in permanent disability and require ongoing treatment, which can result in large medical expenses. A Washington, DC lawyer who is specialized in birth defects will offer a free consultation to analyze your case and decide on the best course for you and your baby.

Prescription Drugs

A birth defect lawyer might be able to assist parents determine the cause of a child's birth injury or defect. Many birth defects result from genes or other factors that occur during pregnancy. However, medications can also cause birth defects. A number of commonly used medications can have negative effects on foetuses. This is particularly true in the first three months of pregnancy. They include anti-nausea medicines such as NSAIDs, chemotherapy medicines including certain antibiotics, and many more. These drugs have been proven to increase the risk of developing limb and heart defects, brain deformities and craniosynostois.

A doctor's duty is to take into account the risks when prescribing medications for women who are pregnant. If doctors fail to meet this standard of care they could be held liable for medical negligence. Pharmaceutical companies can be held accountable for not properly warning mothers about the risks 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 congenital defects that are major in first trimester pregnancies.

A birth defect attorney can assist families in getting compensation for medical expenses, loss of income and the quality of life. This can include hospital, doctor's or pharmaceutical expenses, as well aidive devices and therapies.

Chemical Exposure

A birth defect lawyer can file an action on behalf families of children with congenital disabilities resulting from the negligence of companies that expose pregnant women to chemicals or drugs that cause birth defects. These lawyers are specially trained to identify what caused the birth defect in order to sue companies which expose mothers to teratogens while they are at work or in their homes.

Some of the chemical exposures that contribute to birth defects include the fungicides, metals, herbicides and other pesticides. These chemicals are called teratogens because they affect the growth of the fetus creating chemical changes that hinder normal cell function or cause malformed organs. These chemicals can be found in many different environments, including the manufacturing of semiconductors and cleaning of metals.

Other chemicals that can cause birth defects are aliphatic hydrocarbons with aliphatic chlorinated chemistry such as trichloroethylene, perchloroethylene and dichloroethane. These chemicals are known to cause heart defects in babies born to mothers exposed while they were in the womb.

Parents have filed lawsuits to expose companies to liability 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 have children who were born with severe defects due to the exposure to toxic chemicals on the base.

Environmental Exposure

Some birth defects are caused by a combination of medical negligence and environmental conditions. If a family believes the birth defect of their child could result from medical negligence, prescription drug overdose or exposure to harmful chemicals, they should contact an DC birth injury lawyer to discuss the matter.

Chemicals and other pollutants in the environment can cause serious birth defects when they are consumed or taken in by pregnant women. Teratogens is the name given to these substances. More than 4 million chemicals can be found in our air, food and water. Certain of these chemicals may be dangerous to pregnant women.

For instance, arsenic found in drinking water and cadmium in contaminated coal can cause various birth defects as well as other health issues. Industrial solvents like trichloroethylene, birth toluene, and benzene (a metal degreaser) are also linked to certain birth defects. Glycol ethers that are used in the manufacture of silicon chips, semiconductors and video displays are recognized to increase a woman's chance of having birth defects.

The experienced birth defect attorneys at LK have brought many lawsuits on behalf of children who suffer from a range of birth defects as a result of the wrongful exposure to chemicals and toxic substances at workplaces or at home. These lawsuits often involve sophisticated scientific analysis and expert witnesses, such as toxicologists or epidemiologists, geneticists occupational medicine specialists and embryologists.