Birth Defect Litigation: A Simple Definition
Why You Should Hire a Birth Defect Lawyer
If your child was born with a birth defect it can have a devastating effect on your family as well as you. Medical bills, therapy costs and other losses can quickly become a burden.
A Hyattsville lawyer that specializes in birth defects could help you claim compensation to cover the costs of caring for your child with disabilities. A legal claim for birth defects can be complex, so you should consult a lawyer immediately.
Medical Malpractice
Medical professionals must follow the highest standards of care when treating pregnant women and their babies. When a doctor's actions are not in line with this standard and result in birth defects or injuries or injury, they could be held responsible for damages sustained by their patient. A DC lawyer who is experienced in lawsuits involving birth defects can help you determine whether your child's health condition may have been caused by an error made by the medical professional during pregnancy or during delivery.
A doctor could also be held liable for birth injuries if they fail identify fetal distress, or don't respond appropriately. This could lead to a variety of serious complications, including hypoxic ischemic brain injury (HIE) and brain injuries such as cerebral palsy.
The difference between birth defects and birth injury is that defects are part of a person's genetic make-up however, injuries are caused by something occurring during pregnancy, labor, or the birth. Injuries can be caused by Erb's palsy which is a condition where the nerves that control the infant's limbs and arms are stretched or torn. Another type of injury is caput succedaneum - an increase in the size of the scalp. Both of them can cause lifelong disability, and ongoing treatment will cost a lot of money. A Washington, DC lawyer who specializes in birth defects can provide a no-cost consultation to examine your case and decide on the best course for you and your baby.
Prescription Drugs
An attorney for birth defects may be able help parents determine the root of a child's birth defect. While many birth defects are due to genetics and factors during the mother's pregnancy but they can also happen due to medications. A variety of commonly used medications can have negative effects on fetuses. This is particularly evident in the initial three months of pregnancy. Anti-nausea medications, NSAIDs and chemotherapy medications are among the most common. These drugs have been linked to a higher risk of limb defects and heart defects, brain defects and craniosynostois.
It is the duty of a doctor birth Defects to take into consideration these risks when prescribing medicines for pregnant women. If doctors fail to follow this standard of care, they could be held accountable for negligence. Pharmaceutical companies can be held liable as well for not properly warning mothers about the risks associated with their products. For instance, Zofran, a medication used to treat nausea in cancer patients, has been proven to significantly increase the risk of major congenital defects in first trimester pregnancies.
An attorney for birth defects can assist families in getting compensation for medical expenses, income loss and the quality of life. This could include hospital fees as well as doctor's fees, pharmaceutical costs, and other expenses, in addition to assistive devices, and therapy.
Chemical Exposure
A birth defect lawyer can bring a lawsuit on behalf of families of children who suffer from congenital disabilities resulting from the negligence of businesses who 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 case against companies who expose pregnant women to teratogens either at workplace or at home.
Some of the chemical exposures that lead to birth defects include the fungicides, metals, herbicides and other pesticides. These chemicals are known as teratogens due to the fact that they affect the development of a healthy foetus by causing chemical changes that cause abnormal organs or hinder normal cell function. These chemicals are used in a variety of environments, including semiconductor manufacturing and metal cleaning.
Other harmful chemicals that could cause birth defects are aliphatic chlorinated hydrocarbons, such as perchloroethylene, trichloroethylene and dichloroethane. These chemicals are known to cause cardiac birth defects in babies born to mothers exposed while they were in the womb.
Parents have filed lawsuits against a variety of companies involved in the exposure of families of soldiers at Camp Lejeune to these harmful chemicals. Some of the birth defect lawyers have gotten substantial settlements on behalf of families who had their children born with severe birth defects because of exposure to toxic chemicals at the base.
Environmental Exposure
Some birth defects can be caused by an unintended medical error and environmental conditions or chemical. If a family suspects a child's birth defects may be due to medical negligence or prescription drug overdose or exposure to harmful chemical or chemical substances, they should speak with an DC birth injury lawyer to discuss their case.
Chemicals and other contaminants in the environment can cause serious birth defects when they are inhaled or taken in by pregnant women. Teratogens are the names given to these chemicals. Over 4 million chemicals exist in our food, air and water and some are harmful if they come into contact with pregnant women.
For example, arsenic in drinking water and cadmium in contaminated coal can cause numerous birth defects, as well as other health issues. Industrial solvents such as benzene, toluene and trichloroethylene (a metal degreaser) are also associated with certain birth defects. Glycol-ethers can increase the risk of birth defects in women. These chemicals are used for the manufacture of semiconductors, silicon chip displays and video displays.
LK's experienced birth defect attorneys have brought many lawsuits on behalf of children who suffer from a myriad of birth defects as a result of improper exposure to chemicals and toxic substances at workplaces or at home. These lawsuits usually involve a sophisticated scientific analysis and expert witnesses, such as toxicologists as well as epidemiologists, geneticists occupational medicine experts and embryologists.