Watch Out: How Birth Defect Litigation Is Taking Over And What We Can Do About It

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. Medical bills, therapy costs and other losses can quickly accumulate.

A Hyattsville birth defect lawyer could assist you in filing claim for reimbursement for the costs of taking care of your disabled child. A legal claim for birth defects could be complicated, which is why you should consult a lawyer immediately.

Medical Malpractice

Medical professionals must adhere to a standard of care when treating pregnant women and their infants. A doctor could be held liable for damages when their actions cause birth defects or injuries. A DC lawyer who has experience in birth defect lawsuits will help you determine if your child's condition may be the result of an error in medical care during pregnancy or delivery.

A doctor may also be held accountable for birth injuries if they fail recognize fetal distress and don't respond appropriately. This can result in many serious problems like hypoxic-ischemic encephalopathy and brain injuries such as cerebral palsy.

The distinction between a birth defect and a birth injury is that defects are part of a person's genetic make-up, while injuries are caused by an event that occurs during labor, pregnancy or during delivery. Injury can include Erb's Palsy, where the nerves controlling the baby's arms and limbs are stretched or torn. Another injury is caput succedaneum which is an increase in the size of the scalp. Both can lead to a lifelong disability, and ongoing treatment can cost a significant amount of money. A Washington, DC birth defect lawyer can offer a no-cost initial consultation to look over your case and determine the best method of action for you and your child.

Prescription Drugs

A birth defect lawyer might be able to assist parents identify the root of a child's birth injury or defect. Many birth defects result from the genetics of the baby or other factors during pregnancy. However, medications can also cause birth defects. A variety of common medications can have a significant impact on fetuses, particularly in the first trimester of a pregnancy. These include anti-nausea medications, NSAIDs, chemotherapy medications including certain antibiotics, and more. These drugs have been proven to increase the risk of limb and brain defects, heart defects, and craniosynostosis.

It is a doctor's professional duty to be aware of these risks when prescribing medications for women who are pregnant. If doctors do not adhere to this standard of care, they may be held liable for malpractice. Pharmaceutical companies can be held accountable for failing to adequately warn mothers of the dangers that come with their drugs. Zofran is a medication used to treat nausea in cancer patients, was found to increase the risk of major defects occurring in first-trimester pregnancy.

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

Chemical Exposure

A birth defect lawyer can bring an action on behalf of families of children with congenital disabilities resulting from the negligence of businesses which expose pregnant women to chemicals or drugs that cause birth defects. These lawyers are specially-trained to identify the cause of the birth defects so that they can file a lawsuit against companies that expose pregnant women to teratogens at work or in their home.

Some of the exposures to chemicals that lead to birth defects include the use of fungicides and metals as well as herbicides and other pesticides. They are referred to as Teratogens as they interfere with the healthy development of the fetus producing chemical changes that block normal cell function, or can cause malformed organs. These chemicals can be found in many different locations, such as the manufacturing of semiconductors and cleaning of metals.

Other chemicals that can cause birth defects are aliphatic chlorinated hydrocarbons, such as perchloroethylene, trichloroethylene and dichloroethane. These chemicals have been found to cause birth defects, including cardiac defects in babies born to mothers exposed to them while 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 significant settlements on behalf of families whose children were born with severe defects because of the toxic chemical exposures at the base.

Environmental Exposure

Some birth defect law firms defects are caused by a combination of medical negligence and environmental conditions. If a family believes the birth defect of their child could be the result of medical negligence, prescription drug abuse or exposure to toxic chemicals, they should contact a DC birth injury lawyer to discuss the issue.

Chemicals and other substances in the environment can cause birth defects of a serious nature when they are inhaled or absorbed by pregnant women. Teratogens are the term used to describe these chemicals. More than 4 million chemicals are found in our air, birth defect law Firms food and water. Certain of these chemicals are harmful to pregnant women.

For instance, arsenic found in drinking water and cadmium in contaminated coal can cause a variety of birth defects as well as other health problems. Certain birth defects are also associated with industrial solvents like benzene (a metal degreaser), toluene (a solvent for plastics) and trichloroethylene. Glycol-ethers are also known to increase the risk of birth defects in women. These chemicals are used to make semiconductors as well as silicon chip displays and video displays.

LK's skilled birth defect attorneys have filed a variety of lawsuits on behalf of children suffering from a variety of birth defects resulting from unintentional exposure to toxic chemicals and chemicals at work or at home. These lawsuits often involve complicated scientific analysis and expert witnesses, including toxicologists, epidemiologists, geneticists, occupational medicine experts, and embryologists.