Birth Defect Litigation: A Simple Definition
Why You Should Hire a Birth Defect Lawyer
If your child was born with a birth deformity this can be devastating for you and your entire family. Medical bills, therapy costs and other expenses can quickly accumulate.
A Hyattsville birth defect lawyer could help you file claim for compensation for the cost of caring for your child with disabilities. Legal claims for birth defects are complex and therefore it is vital to seek legal advice as soon as you can.
Medical Malpractice
Medical professionals must follow an appropriate standard of care when treating pregnant women and their infants. Doctors can be held responsible for damages when their actions cause birth defects or injuries. A DC lawyer who has expertise in lawsuits for birth defects will help you determine whether your child's condition was caused by a medical error during the pregnancy or delivery.
A doctor could also be responsible for a birth injury when they fail to diagnose or appropriately respond to distress in the fetus. This can lead to various serious problems, including hypoxic-ischemic encephalopathy as well as brain injuries like cerebral palsy.
Birth injuries differ from birth defects in the sense that they are caused by events during pregnancy, birth, or labor. A possible injury is Erb's spalsy where the nerves that control the infant's limbs and arms are stretched or torn. Another type of injury is caput succedaneum - an inflammation of the scalp. Both of these conditions can lead to lifelong disability and require ongoing treatment, which can result in large medical expenses. A Washington, DC birth defect lawyer will provide a no-cost initial consultation to examine your situation and determine the best way to proceed for you and your child.
Prescription Drugs
A birth defect attorney may be able to help parents determine the cause for the birth injury of a child. While many birth defects are caused by genetics and the factors that influence a mother's pregnancy however, they may also occur as a result of medication. Many common medications can have negative effects on the fetuses. This is especially true in the first three months of pregnancy. They include anti-nausea medicines and NSAIDs as well as chemotherapy medications such as certain antibiotics and more. These drugs have been linked to a higher risk of deformities in the limbs and heart defects, brain defects and craniosynostosis.
A doctor's job is to take into consideration these risks when prescribing medication for pregnant women. When doctors fail to meet the requirements of this standard of care, they could be held liable for medical malpractice. Pharma companies can also be held accountable for not adequately inform mothers of the risks that come with their medication. Zofran, which is used to treat nausea among cancer patients, has been shown to increase the risk of major defects occurring in first-trimester pregnancy.
A birth defect attorney can assist families in getting compensation for medical expenses, income loss and quality of life. This can include doctor's, hospital prescription, pharmaceutical, and other expenses, as well assistive devices and treatments.
Chemical Exposure
A birth defect lawyer may bring a lawsuit for families of children with congenital disabilities because of the negligence of companies that expose pregnant women to chemicals and other drugs that cause birth deformities. These lawyers are specially trained to determine the cause of birth defects so they can file a lawsuit against companies who expose pregnant women to teratogens either at workplace or at home.
Metals, fungicides, herbicides, and pesticides are a few chemicals that can cause birth defects. These chemicals are called teratogens due to the fact that they interfere with the normal development of a embryo through chemical changes that lead to abnormal organs or hinder normal cell function. These chemicals are found in many different environments, including metal cleaning and semiconductor manufacturing.
Other chemicals that can cause birth defects are aliphatic hydrocarbons, such as dichloroethane, trichloroethylene, or perchloroethylene. 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 firms that were responsible for the exposure of families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defects lawyers have secured significant settlements for families who had children born with severe defects due to the exposure to toxic chemicals at the base.
Environmental Exposure
Certain birth defects may be caused by a combination between medical negligence and environmental conditions. If a family believes that the birth defect in their child could be due to medical negligence, prescription drug abuse or exposure to toxic chemicals, they should consult an DC birth injury lawyer to discuss the matter.
If pregnant women consume or absorb pollutants from the environment they could develop serious birth defects. These substances are referred to as teratogens. More than 4 million chemicals are found in our air, food and water. Some of these chemicals could be dangerous to pregnant women.
For example, arsenic in drinking water, and cadmium from coal that is contaminated may cause numerous birth defects, as well as other health issues. Industrial solvents like trichloroethylene, benzene, and toluene (a metal degreaser) are also linked with certain birth defects. Glycol-ethers also increase the chance of birth defects in women. These chemicals are used to manufacture semiconductors, silicon chip displays and video displays.
LK's experienced birth defect attorneys have filed numerous lawsuits on behalf of children suffering from a range of birth defects due to wrongful toxic and chemical exposure at work or in their homes. These lawsuits require complex scientific analyses and expert witnesses like toxicologists and epidemiologists.