Guide To Birth Defect Litigation: The Intermediate Guide The Steps 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. The cost of therapy, medical bills and other losses can quickly add up.

A Hyattsville lawyer who is specialized in birth defects may be able to help you claim compensation to cover the costs of caring for your disabled children. Legal claims for birth defects are complicated and it is essential to seek legal advice immediately.

Medical Malpractice

Medical professionals must adhere to a standard of care when treating pregnant women or their infants. If the actions of a doctor fall below this standard and result in a birth defect or injury and/or death, they may be held accountable for the damages sustained by their patient. A DC lawyer with experience in lawsuits involving birth defects can help you determine whether your child's condition could be the result of a medical error during pregnancy or birth defect delivery.

A doctor could also be responsible for an injury that occurs during birth if they fail to identify or appropriately respond to distress of the fetus. This could lead to various serious problems, including hypoxic-ischemic encephalopathy and brain injuries like cerebral palsy.

Birth injuries differ from birth defects in the sense that they are caused by circumstances during pregnancy, delivery, or labor. The most common injuries are Erb's Palsy which is a condition where the nerves that control the baby's arms and limbs are stretched or torn. Another injury is caput succedaneum which is an inflammation of the scalp. Both of these could result in permanent disability and require ongoing treatment, resulting in large medical expenses. A Washington, DC birth defect lawyer can provide a free initial consultation to review your situation and determine the best course of action for you and your child.

Prescription Drugs

A birth defect lawyer might be able help parents determine the reason behind the birth injury of a child. While many birth defects are the result of the genetics of a mother's pregnancy however, they can also be caused as a result of medications. Certain common medications can have a negative impact on foetuses. This is especially relevant in the first three months of pregnancy. This includes anti-nausea medication such as NSAIDs, chemotherapy medicines including certain antibiotics, and many more. These medications have been linked to an increase in risk of limb defects and heart defects, brain deformities and craniosynostois.

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 the requirements of this standard of care, they may be liable for medical malpractice. Pharma companies may also be held accountable for not adequately informing mothers about the risks associated with their medications. For example, Zofran, a medication used to treat nausea in cancer patients, has been demonstrated to significantly increase the risk of major congenital problems in the first trimester of pregnancy.

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

Chemical Exposure

A birth defect lawyer can file a lawsuit on behalf of the families of children suffering from 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 the cause of birth defects so they can file a lawsuit against companies who expose pregnant women to teratogens either at work or in their home.

Metals, fungicides, herbicides and pesticides are some of the chemicals that can cause birth defects. These chemicals are referred to as teratogens due to their impact on the development of the fetus making chemical changes that inhibit normal cell function or create organs to be malformed. These chemicals can be found in a variety of 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 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 against several companies who were responsible for the exposure of families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defect lawyers have secured substantial settlements on behalf of families who had their children born with severe defects because of the toxic chemical exposures at the base.

Environmental Exposure

Some birth defects are caused by a combination between medical negligence and environmental conditions. If a family suspects the birth defects of a child may be the result of medical negligence or prescription drug overdose or exposure to harmful chemicals such as benzene, they should seek out an DC birth injury lawyer to discuss their case.

Chemicals and other toxins in the environment can cause serious birth defects when they are consumed or absorbed by pregnant women. These substances are referred to as teratogens. More than 4 million chemicals are found in our air, food and water. Certain of these chemicals can be dangerous to pregnant women.

Arsenic found in drinking water or cadmium in coal that has been contaminated for instance, may cause birth defects as well as other health problems. Industrial solvents like benzene toluene and trichloroethylene (a metal degreaser) are also linked to certain birth defects. Glycol ethers, used in the production of semiconductors, silicon chips and video displays are recognized to increase a woman's risk of birth defects as well.

The experienced birth defect attorneys at LK have filed a variety of lawsuits on behalf of children who have suffered from a variety of birth defects caused by improper exposure to chemicals and toxic substances at workplaces or at home. These lawsuits require complex scientific analyses and expert witnesses like toxicologists and epidemiologists.