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 could have a devastating impact on you and your family. Therapy costs, medical bills and other losses can add up quickly.

A Hyattsville lawyer with a specialization in birth defect lawsuit defects can help you file for compensation for the costs of taking care of your disabled children. Legal claims for birth defects are complicated and it is essential to seek legal advice whenever you can.

Medical Malpractice

Medical professionals must follow a set of guidelines when treating pregnant women and their infants. If the actions of a doctor are not in line with this standard and cause birth defects or injuries, they can be held accountable for injuries suffered by their patient. A DC lawyer with expertise in lawsuits involving birth defects can determine whether your child's health issue was caused by a medical error during pregnancy or the birth.

A doctor may also be the cause of birth injuries if they fail to recognize or properly respond to fetal distress. This can result in many serious problems like hypoxic-ischemic brain injury and hypoxic encephalopathy like cerebral palsy.

The distinction between birth defects and birth injury is that defects are part of a person's genetic make-up however, injuries are caused by something occurring during pregnancy, labor, or birth. Injuries can result from conditions such as Erb's palsy, which occurs when the nerves that stimulate and control the infant's arms are stretched or Birth Defect ruptured during birth and the caput succedaneum is an increase in the size of the scalp. Both of these conditions can lead to lifelong disability and require ongoing treatment, resulting in large medical expenses. A Washington, DC lawyer who is skilled in birth defects can offer a free consultation to analyze your case and decide on the best course for you and your baby.

Prescription Drugs

A birth defect attorney may help parents determine the root cause of an infant's birth injury. Many birth defects result from genetics or factors during pregnancy. However, certain medications can also cause birth defects. A variety of commonly used medications can have a negative impact on fetuses. This is particularly true in the first three months of pregnancy. Anti-nausea medicines, NSAIDs and chemotherapy drugs are among the most commonly used. These medications have been linked to an increased risk of deformities in the limbs and heart defects, brain deformities and craniosynostosis.

It is a doctor's professional duty to take into consideration these risks when prescribing medicines for women who are pregnant. If doctors do not meet the requirements of this standard of care, they could be liable for medical malpractice. Pharmaceutical companies can be held liable as well for not adequately warning mothers of the dangers 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 major congenital defects in the first trimester of a pregnancy.

A birth defect lawyer can assist families get compensation for future and current medical expenses associated with the injury or disability, and also loss of earnings and quality of life. This could include hospital costs, doctor's fees, pharmaceutical costs and other expenses as well as assistive devices and therapy.

Chemical Exposure

A birth defect lawyer can bring a lawsuit on behalf families of children with congenital disabilities that result from the negligence of companies that expose pregnant women to chemicals or birth defect drugs that cause birth defects. These lawyers are specially-trained to determine the cause of the birth defects so that they can bring a case against companies that expose pregnant women to teratogens either at work or at home.

Some of the chemical exposures that contribute to birth defects are metals, fungicides, herbicides and other pesticides. These chemicals are referred to as teratogens due to their impact on the healthy growth of the fetus making chemical changes that inhibit normal cell function, or can cause organs that are malformed. These chemicals are found in a variety of settings including manufacturing of semiconductors, cleaning of metals and paint production.

Other dangerous chemicals that may cause birth defects are aliphatic hydrocarbons with aliphatic chlorinated chemistry such as perchloroethylene, trichloroethylene or dichloroethane. These chemicals are known to cause heart defects in babies born to mothers exposed during their time in the womb.

Parents have filed suit against a number of companies involved in exposing the families of soldiers at Camp Lejeune to these harmful chemicals. Some of the birth defect lawyers have secured significant settlements for families whose children were born with severe defects as a result of the toxic chemical exposures at the base.

Environmental Exposure

Certain birth defects can be caused by the combination of medical negligence as well as environmental conditions or chemicals. If a family suspects that the birth defects of a child could be the result of medical negligence or prescription drug overdose or exposure to harmful chemicals or chemical substances, they should speak with an DC birth injury lawyer to discuss their case.

Chemicals and other pollutants in the environment can cause birth defects of a serious nature when they are inhaled or absorbed by pregnant women. Teratogens are the names given to these substances. More than 4 million chemicals are found in our air, food and water. Some of these chemicals are harmful to pregnant women.

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

LK's experienced birth defect attorneys have filed a variety of lawsuits on behalf of children who suffered from a range of birth defects resulting from wrongful toxic and chemical exposure at workplaces or in their homes. These lawsuits require complex scientific analyses and expert witnesses such as toxicologists and epidemiologists.