Birth Defect Litigation: A Simple Definition

Why You Should Hire a Birth Defect Lawyer

If your child is born with a birth deformity it can be devastating for the entire family. Therapy costs, medical bills and other losses can quickly accumulate.

A Hyattsville lawyer with a specialization in birth defects may be able to help you claim compensation to cover the costs of caring for your child with disabilities. Legal claims for birth defects are complex and therefore it is crucial to seek legal advice as soon as you can.

Medical Malpractice

Medical professionals are required to adhere to a set of standards when treating pregnant women or their infants. A doctor could be held accountable for damages when their actions cause birth defects or injuries. A DC lawyer who has experience in lawsuits for birth defects will help you determine if your child's condition may be the result of an error made by a doctor during the pregnancy or delivery.

A doctor may be held accountable for birth injuries if they fail identify fetal distress, or are unable to respond in a timely manner. This could lead to a variety of serious complications, including hypoxic-ischemic encephalopathy (HIE) and brain injuries like cerebral palsy.

The difference between a birth defect and a birth injury is that defects are a part of a person's genetic makeup, while injuries are caused by an event that occurs during labor, pregnancy, or during delivery. Injuries can result from conditions like Erb's Palsy which develops when the nerves that energize and control the arms of an infant are stretched or torn during birth, and caput succedaneum, a swelling of the scalp. Both of them can cause permanent disability, and continued treatment will cost a lot of money. A Washington, DC birth defect lawyer can provide a free initial consultation to analyze your situation and determine the best way to proceed for you and your child.

Prescription Drugs

A birth defect attorney may help parents determine the reason behind a child's birth defect. While many birth defects are caused by genetics and other factors that occur during the pregnancy of a mother but they can also happen as a result of medication. A number of common medications can have a negative impact on foetuses. This is particularly evident in the initial three months of pregnancy. Anti-nausea medication, NSAIDs and chemotherapy medications are among the most commonly used. These drugs have been linked with an increased risk of limb defects and heart defects, brain deformities and craniosynostois.

It is a doctor's professional duty to be aware of these risks when prescribing medications for pregnant women. When doctors fail to meet the standards of care required, they could be held liable for medical malpractice. Pharmaceutical companies could be held liable as well for not adequately informing mothers of the dangers associated with their products. Zofran is a medication used to treat nausea among cancer patients, has been found to increase the risk of major defects occurring in first-trimester pregnancy.

A birth defect lawyer can help families receive reimbursement for future and ongoing medical expenses resulting from the disability or injury, in addition to loss of earnings and quality of life. This could include doctor's, hospital prescription, pharmaceutical, and other costs, in addition to aidive devices and treatments.

Chemical Exposure

A birth defect lawyer can sue families of children who have congenital disabilities because of the negligence of companies who expose pregnant women to chemicals and drugs that can cause birth deformities. They are trained to determine the root of the birth defect so that they can bring a lawsuit against companies who expose mothers to teratogens as they work or at their homes.

Some of the chemical exposures that lead to birth defects are metals, fungicides, herbicides and other pesticides. They are referred to as teratogens because they affect the healthy development of the fetus making chemical changes that inhibit normal cell function or create organs to be malformed. These chemicals can be found in many different settings, including manufacturing of semiconductors, cleaning of metals and paint production.

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

Parents have filed lawsuits against a variety of companies who were responsible for exposing the families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defect lawyers have won substantial settlements for families whose children were born with severe defects resulting from the toxic chemical exposures on the base.

Environmental Exposure

Certain birth defects can be caused by the combination of medical negligence and environmental conditions or chemical. If a family suspects the birth defects of a baby could be the result of medical negligence, prescription drug overdose, or birth defect attorneys exposure to harmful chemical and/or environmental factors, they should talk to an DC birth injury attorney to discuss their case.

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

For instance, arsenic in drinking water as well as cadmium derived from coal that is contaminated can cause numerous birth defect law firm defects, as well as other health issues. Certain birth defects are also associated with industrial solvents like benzene (a metal degreaser), toluene (a solvent for plastics) and trichloroethylene. Glycol ethers, utilized in the production of semiconductors, silicon chips and video displays are known to increase the risk of birth defects as well.

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