10 Things We Hate About Birth Defect Litigation

Why You Should Hire a Birth Defect Lawyer

If your child was born with a birth defect this can cause a lot of grief for your family as well as you. Medical bills, therapy costs and other expenses can quickly add up.

A Hyattsville birth defect lawyer could assist you in filing an appeal to receive compensation for the cost of caring for your disabled child. Legal claims for birth defects can be a little tangled and it is essential to seek legal advice whenever you can.

Medical Malpractice

Medical professionals must adhere to a set of guidelines when treating pregnant women and their infants. When a doctor's actions do not meet the standards and cause birth defect or injury, they can be held liable for the damage suffered by their patient. A DC lawyer with experience in lawsuits for birth defects can help you determine if your child's illness could be the result of an error in medical care during pregnancy or during delivery.

A doctor may also be accountable for an injury that occurs during birth if they fail to diagnose or appropriately respond to fetal distress. This can lead to a range of serious issues, such as hypoxic-ischemic encephalopathy (HIE) and brain injuries such as cerebral palsy.

The distinction between a birth defect and a birth injury is that defects are a part of a person's genetic makeup, birth defect attorneys while injuries are caused due to something happening during labor, pregnancy or during delivery. The most common injuries are Erb's Palsy, where the nerves controlling the infant's arms and limbs are stretched or torn. Another type of injury is caput succedaneum which is a swelling on the scalp. Both can result in a permanent disability, and ongoing treatment will cost a lot of money. A Washington, DC lawyer who specializes in birth defects can provide a free consultation to analyze your case and determine the best course for you and your baby.

Prescription Drugs

A birth defect lawyer could be able to assist parents determine the cause of the birth injury or defect. Many birth defects result from genetics or factors during pregnancy. However, certain medications can also cause birth defects. A variety of common medications can have a significant effect on fetuses, particularly in the first trimester of pregnancy. Anti-nausea medication, NSAIDs and chemotherapy drugs are among the most frequently used. These drugs have been proven to increase the risk of developing limb and heart defects, brain deformities, and craniosynostosis.

It is the duty of a doctor to take into consideration these risks when prescribing medications for women who are pregnant. If doctors fail to adhere to this standard of care they may be liable for medical negligence. Pharma companies can also be held responsible for not properly informing mothers about the dangers associated with their medication. For instance, Zofran, a medication used to treat nausea in cancer patients, has been demonstrated to significantly increase the risk of serious congenital defects during first trimester pregnancies.

A birth defect lawyer can assist families get compensation for current and future medical expenses resulting from the disability or injury in addition to loss of earnings and quality of life. This could include doctor's, hospital pharmaceutical, and other expenses, as well as aidive devices and therapies.

Chemical Exposure

A birth defect lawyer may bring a lawsuit on behalf of families of children who suffer from congenital disabilities as a result of the negligence of companies exposing pregnant women to chemicals and drugs that can cause birth defects. These lawyers are specially-trained to identify the cause of birth defects so they can file a lawsuit against companies who expose pregnant women to teratogens at work or in their home.

Some of the exposures to chemicals that lead to birth defects are metals, fungicides, herbicides and other pesticides. These chemicals are referred to as Teratogens as they interfere with the healthy development of the fetus making chemical changes that inhibit normal cell function or create organs to be malformed. These chemicals are present in many different settings, including semiconductor manufacturing, metal cleaning and paint production.

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

Parents have filed lawsuits to hold companies accountable for exposing families of soldiers at Camp Lejeune, North Carolina, to harmful chemicals. Some of these birth defect lawyers have secured significant settlements for families who had children 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 between medical negligence and environmental factors. If a family suspects that the birth defects of a child may be due to medical negligence or prescription drug overdose or exposure to harmful chemicals, they should consult a DC birth injury attorney to discuss their case.

Chemicals and other contaminants in the environment can cause birth defects of a serious nature when they are consumed by or taken in by pregnant women. These substances are known as Teratogens. More than 4 million chemicals are found in our air, food and water. Some of these chemicals may be harmful to pregnant women.

Arsenic found in drinking water or cadmium in coal that has been contaminated, for example, can cause birth defects and other health issues. Industrial solvents like benzene, toluene and trichloroethylene (a metal degreaser) are also associated with certain birth defects. Glycol ethers, used in the production of semiconductors, silicon chips and video displays are known to increase the chance of having birth defects.

LK's experienced birth defect attorneys have filed numerous lawsuits on behalf of children who suffered from a variety of birth defects due to wrongful toxic and chemical exposure at work or at home. These lawsuits typically require complicated scientific analysis and expert witnesses, including toxicologists, epidemiologists, geneticists, occupational medicine experts and embryologists.