Guide To Birth Defect Litigation: The Intermediate Guide On Birth Defect Litigation

Why You Should Hire a Birth Defect Lawyer

If your child was born with a birth defect this can have a devastating effect on you and your family. Medical bills, therapy expenses and other losses can quickly mount up.

A Hyattsville lawyer with a specialization in birth defects may be able to help to file a claim for compensation to cover the costs of caring for your children with disabilities. Legal claims for birth defects are complicated, so it is important to seek legal advice whenever you can.

Medical Malpractice

Medical professionals must follow the highest standards of care when treating pregnant women and their infants. A doctor could be held liable for damages if their actions result in birth defects or injuries. A DC lawyer who has experience in lawsuits involving birth defects can help you determine if your child's illness could be due to an error made by the medical professional during pregnancy or the birth.

A doctor could also be responsible for a birth injury when they fail in diagnosing or properly respond to distress in the fetus. This can lead to various serious problems, including hypoxic-ischemic brain injury and hypoxic encephalopathy like cerebral palsy.

The difference between birth defects and birth injury is that defects are a part of a person's genetic makeup and injuries are caused by an event that occurs during labor, pregnancy, or the birth. Injuries can include ailments like Erb's palsy which develops when the nerves that stimulate and control an infant's arms are stretched or torn during the birth process as well as caput succedaneum which is an increase in the size of the scalp. Both of them can cause permanent disability, and continued treatment can cost a significant amount of money. A Washington, DC birth defect lawyer can provide a free initial consultation to analyze your case and determine the best way to proceed for you and your child.

Prescription Drugs

A birth defect lawyer might be able to assist parents determine the cause of a child's birth injury or defect. Many birth defects are caused by the genetics of the baby or other factors during pregnancy. However, certain medications can also cause birth defects. Many common medications have a profound effect on fetuses especially during the first trimester of a pregnancy. Anti-nausea medications, NSAIDs and chemotherapy medications are among the most common. These drugs have been shown to increase the risk of limb and brain defects, heart defects, and craniosynostosis.

A doctor's duty is to take into consideration these risks when prescribing medication for women who are pregnant. If doctors do not meet the requirements of this standard of care, they could be held accountable for medical malpractice. Pharma companies could also be held responsible for not adequately informing mothers of the risks associated with their medications. Zofran, which is used to treat nausea among cancer patients, was found to increase the risk of major defects occurring in first-trimester pregnancies.

An attorney who specializes in birth defects can assist families in getting compensation for medical expenses, loss of income and quality of life. This could include doctor's, hospital prescription, pharmaceutical, and other costs, in addition to aidive devices and therapies.

Chemical Exposure

A birth defect lawyer may bring an action on behalf of families of children who suffer from congenital disabilities that result from the negligence of businesses that expose pregnant women chemicals or drugs that cause birth defects. These lawyers are specially trained to determine the reason for the birth defects so that they can bring a lawsuit against companies who expose pregnant women to teratogens either at work or in their home.

Metals, fungicides, herbicides and pesticides are just a few of the chemicals that can cause birth defects. These chemicals are referred to as Teratogens as they interfere with the development of the fetus by creating chemical changes that hinder normal cell function, or can cause organs that are not properly formed. These chemicals are found in various settings, including manufacturing of semiconductors, metal cleaning and paint production.

Other chemicals that may cause birth defect lawsuit defects include aliphatic hydrocarbons, such as dichloroethane or trichloroethylene perchloroethylene. These chemicals have been proven to cause birth defects, including cardiac defects, in babies born to mothers exposed to them during the womb.

Parents have filed lawsuits against various companies involved in exposing the families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defect lawyers have won substantial settlements on behalf of families whose children were born with severe birth defects because of the toxic chemical exposures at the base.

Environmental Exposure

Some birth defects could be caused by a combination between medical negligence and environmental factors. If a family suspects a child's birth defects may be due to medical negligence or prescription drug overdose or exposure to harmful chemical such as benzene, they should seek out an DC birth injury attorney to discuss their case.

Chemicals and other contaminants in the environment can cause birth defects of a serious nature if they are ingested or taken in by pregnant women. These chemicals are referred to as teratogens. More than 4 million chemicals are found in our food, air and water. Certain of these chemicals could be dangerous to pregnant women.

For instance, arsenic from drinking water and cadmium from contaminated coal can cause various birth defects and health problems. Certain birth defects can also be caused by industrial solvents such as benzene (a metal degreaser) as well as toluene (a solvent for plastics) and trichloroethylene. Glycol ethers, which are used in the production of semiconductors, silicon chips and video displays, are known to increase a woman's chance of having birth defects too.

LK's skilled birth defect attorneys have brought numerous lawsuits on behalf of children who suffer from a wide range of birth defects due to wrongful toxic and chemical exposure at work or at home. These lawsuits require complex scientific analyses and expert witnesses, such as toxicologists and epidemiologists.