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 it could have a devastating impact on you and your family. Therapy costs, medical bills and other expenses can quickly accumulate.
A Hyattsville birth defect lawyer can help you file an appeal to receive reimbursement for the costs of taking care of your child with disabilities. Legal claims for birth defects are a bit nebulous and therefore it is vital to seek legal advice whenever you can.
Medical Malpractice
Medical professionals must follow 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 can help you determine whether your child's illness could have been caused by a medical error during pregnancy or the birth.
A doctor may also be the cause of an injury that occurs during birth if they fail to recognize or properly respond to distress in the fetus. This could lead to a variety of serious complications, including hypoxic ischemic encephalopathy (HIE) and brain injuries like cerebral palsy.
Birth injuries differ from birth defects in the sense that they are caused by circumstances during pregnancy, delivery or labor. Injury can include Erb's Palsy, where the nerves controlling the infant's arms and limbs are stretched or torn. Another type of injury is called caput succedaneum. It's a swelling on the scalp. Both of these conditions can cause permanent disability and birth defect require ongoing treatment, which can result in hefty medical costs. A Washington, DC birth defect lawyer can offer a no-cost initial consultation to review your case and determine the most appropriate option for you and your child.
Prescription Drugs
A birth defect lawyer may be able to assist parents in determining the reason behind a child's birth injury. Many birth defects are caused by genetics or 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. Anti-nausea drugs, NSAIDs, and chemotherapy medications are among the most common. These drugs have been linked to an increased risk of deformities in the limbs and heart defects, brain deformities and craniosynostois.
It is the professional responsibility of doctors to take into consideration the risks when prescribing medication for women who are pregnant. If doctors fail to meet the requirements of this standard of care, they could be liable for medical negligence. Pharma companies can also be held accountable for not adequately informing mothers about the dangers that come with their medication. Zofran is a medication used to treat nausea in cancer patients, has been shown to increase the risk of major defects in the first trimester pregnancies.
An attorney for birth defects can help a family get compensation for medical expenses, income loss and quality of life. This can include doctor's, hospital or pharmaceutical costs, as well as assistive devices and treatments.
Chemical Exposure
A birth defect lawyer may bring a lawsuit on behalf of the families of children suffering from congenital disabilities that result from the negligence of businesses which expose pregnant women to chemicals or birth defect drugs that cause birth defects. These lawyers are specially-trained to determine the reason for 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 chemical exposures that can lead to birth defects are metals, fungicides, herbicides and other pesticides. They are referred to as Teratogens as they interfere with the development of the fetus through producing chemical changes that block normal cell function or create organs to be malformed. These chemicals are present in a variety environments, including processing of semiconductors and metal cleaning.
Other hazardous chemicals that could cause birth defects are aliphatic chlorinated hydrocarbons, such as perchloroethylene (trichloroethylene), trichloroethylene ( dichloroethane. These chemicals have been found to cause birth problems, including cardiac disorders, in babies born to mothers exposed to them while in the womb.
Parents have filed lawsuits in order to make companies accountable for the families of soldiers who live at Camp Lejeune, North Carolina exposed to harmful chemicals. Some of the birth defect lawyers have obtained significant settlements for families who had their children born with serious defects as a result of the toxic chemical exposures at the base.
Environmental Exposure
Certain birth defects can be caused by a combination of medical negligence and environmental conditions or chemicals. If a family suspects that the birth defects of a child 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.
If pregnant women ingest or absorb contaminants from the surrounding environment they could develop serious birth defects. Teratogens is the name given to these chemicals. More than 4 million chemicals can be found in our air, food and water. Some of these chemicals may be harmful to pregnant women.
Arsenic in drinking water or cadmium found in coal that has been contaminated for instance, may cause birth defects and other health issues. Certain birth defects are linked to industrial solvents like benzene (a metal degreaser) as well as toluene (a solvent for plastics) and trichloroethylene. Glycol ethers, which are utilized in the production of silicon chips, semiconductors and video displays are recognized to increase a woman's chances of having birth defects as well.
The experienced birth defect attorneys at LK have filed numerous lawsuits on behalf of children suffering from a variety of birth defects as a result of improper exposure to chemicals and toxic substances at workplaces or in their homes. These lawsuits usually involve a complicated scientific analysis and expert witnesses, such as toxicologists and epidemiologists, geneticists, embryologists and occupational medicine experts.