15 Terms Everybody Within The Birth Defect Litigation Industry Should Know
Why You Should Hire a Birth Defect Lawyer
If your child was born with a birth defect it can have a devastating effect on the entire family. Therapy costs, medical bills and other expenses can add up quickly.
A Hyattsville lawyer with a specialization in birth defects could assist you file for compensation to cover the costs of caring for your child with disabilities. A legal claim for birth defects can be complicated, which is why you should seek legal counsel whenever you can.
Medical Malpractice
Medical professionals must adhere to a certain standard when treating pregnant women or their babies. If a doctor's actions are in violation of this standard and cause birth defect or injury the doctor could be held responsible for harms suffered by their patient. A DC lawyer with experience in birth defects lawsuits will help you determine whether your child's condition was caused by a medical error during pregnancy or delivery.
A doctor may be liable for birth injuries if they fail in diagnosing or properly respond to distress in the fetus. This can result in a variety of serious issues, including hypoxic ischemic disorder (HIE) and brain injuries like cerebral palsy.
Birth injuries differ from birth defects in that they are caused by circumstances during pregnancy, birth, or labor. Injuries can result from ailments like Erb's palsy that occurs when the nerves which energize and control the arms of an infant are stretched or damaged during birth, and caput succedaneum, a swelling of the scalp. Both of these conditions can lead to lifelong disability and require ongoing treatment, resulting in large medical bills. A Washington, DC lawyer who is skilled in birth defects can offer a free consultation to review your case, and determine the most appropriate course for you and your baby.
Prescription Drugs
A birth defect attorney may be able help parents determine the root cause of the birth injury of a child. While many birth defects are caused by the genetics of the pregnancy of a mother but they can also happen due to medications. A number of commonly used medications have a significant effect on fetuses, especially in the first trimester of a pregnancy. Anti-nausea medications, NSAIDs and chemotherapy drugs are among the most commonly used. These medications have been proven to increase the risk of developing limb and brain defects, heart defects and craniosynostosis.
It is the duty of a doctor to be aware of these risks when prescribing medicines for women who are pregnant. If doctors do not follow this standard of care, they may be held liable for malpractice. Pharma companies could also be held responsible for not properly informing mothers of the risks associated with their medications. Zofran is a drug used to treat nausea in cancer patients, has been shown to increase the risk of major defects occurring in first-trimester pregnancies.
An attorney for birth defects can assist a family in obtaining compensation for medical expenses, loss of income and the quality of life. This could include hospital expenses medical expenses, doctor's fees and pharmaceutical costs, and other expenses, along with assistive devices and therapy.
Chemical Exposure
A birth defect lawyer can bring a lawsuit for families of children who suffer from congenital disabilities as a result of the negligence of companies that expose pregnant women to chemicals and drugs that can cause birth deformities. These lawyers are specially trained to identify the cause of birth defects so they can bring a lawsuit against companies who expose pregnant women to teratogens either at work or in their home.
Some of the exposures to chemicals that lead to birth defects include herbicides, fungicides, metals and other pesticides. These chemicals are referred to as teratogens, because they can affect the development of a healthy embryo through chemical changes that cause abnormal organs or hinder normal cell function. These chemicals can be found in various settings, including manufacturing of semiconductors, metal cleaning and paint production.
Other chemicals that may cause birth defects include hydrocarbons with aliphatic properties, like dichloroethane, trichloroethylene, or perchloroethylene. These chemicals have been found to cause birth problems, including cardiac disorders in babies born to mothers exposed to them during the womb.
Parents have filed lawsuits against various firms that 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 for firm 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 of medical negligence and environmental conditions. If a family believes the birth defect in their child could be the result of medical malpractice, prescription drug overdose or exposure to harmful chemicals, they should speak with an DC birth injury lawyer to discuss the issue.
If pregnant women consume or absorb contaminants from the environment and then develop birth defects. Teratogens is the name given to these substances. More than 4 million chemicals are found in our food, air and water and some can be harmful if they come into contact with a woman who is pregnant.
For example, arsenic in drinking water as well as cadmium derived from coal that is contaminated may cause a variety of birth defects as well as other health issues. Certain birth defects are caused by industrial solvents such as benzene (a metal degreaser) and toluene (a solvent for plastics) and trichloroethylene. Glycol-ethers are also known to increase the likelihood of birth defects occurring in women. These chemicals are used in the production of semiconductors display devices, silicon chip displays and video displays.
The experienced attorneys at LK's firm for birth defects have filed many lawsuits on behalf of children who suffered from various birth defects as a result of wrongful toxic or chemical exposure at work or at home. These lawsuits usually involve a an extensive scientific analysis as well as expert witnesses, including toxicologists as well as epidemiologists, geneticists occupational medicine experts, and embryologists.