Guide To Birth Defect Litigation: The Intermediate Guide Towards Birth Defect Litigation
Why You Should Hire a Birth Defect Lawyer
If your child was born with a birth defect it could be devastating for you and your family. Medical bills, therapy costs and other expenses can quickly add up.
A Hyattsville lawyer who is specialized in birth defects could help you claim compensation for the cost of taking care of your disabled children. Legal claims for birth defects can be a little tangled and therefore it is vital to seek legal advice whenever you can.
Medical Malpractice
Medical professionals are required to adhere to a certain standard when treating pregnant women or their babies. When a doctor's actions are in violation of this standard and cause a birth defect or injury, they can be held liable for the damage suffered by their patient. A DC lawyer who is experienced in lawsuits for birth defects will help you determine if your child's condition may have been caused by an error made by the medical professional during the pregnancy or delivery.
A doctor can also be held liable for birth injuries if they fail to identify fetal distress, or do not respond appropriately. This can cause a number of serious issues, such as 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 an event that occurs during pregnancy, labor, or the birth. Injury can include Erb's Palsy, where the nerves controlling the infant's arms and limbs are stretched or torn. Another form of injury is caput succedaneum - swelling of the scalp. Both can lead to a permanent disability, and ongoing treatment will cost a lot of money. A Washington, DC lawyer who is skilled in birth defects can provide a no-cost consultation to analyze your case and determine the most appropriate course for you and your baby.
Prescription Drugs
A birth defect lawyer might help parents determine the root of an infant's birth injury. While many birth defects are caused by genetics and factors during the mother's pregnancy but they can also happen as a result of medication. Certain commonly used medications can have negative effects on the fetuses. This is especially relevant in the first three months of pregnancy. These include anti-nausea drugs such as NSAIDs, chemotherapy medicines as well as certain antibiotics, and many more. These medications have been linked to an increase in risk of limb deformities and heart defects, brain deformities and craniosynostois.
A doctor's responsibility is to take into consideration the risks when prescribing medications for women who are pregnant. If doctors do not meet this standard of care they may be liable for medical malpractice. Pharmaceutical companies can be held liable as well for not adequately warning mothers about the risks associated with their medicines. For instance, Zofran, a medication used to treat nausea in cancer patients, has been demonstrated to significantly increase the risk of congenital defects that are major in first trimester pregnancies.
A birth defect lawyer can assist family members receive compensation for future and current medical expenses related to the disability or injury in addition to loss of earnings and the quality of life. This could include hospital fees medical expenses, doctor's fees and pharmaceutical costs and other expenses as well as assistive devices and therapy.
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 to chemicals or drugs that cause birth defects. They are trained to determine the reason for birth defects so they can bring a lawsuit against companies who expose pregnant women to teratogens at work or at home.
Metals, fungicides and herbicides as well as pesticides are a few chemicals that can cause birth defects. These chemicals are known as Teratogens as they interfere with the healthy growth of the fetus creating chemical changes that hinder normal cell function or lead to organs that are not properly formed. These chemicals are found in diverse settings like semiconductor manufacturing, metal cleaning and paint production.
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 during their time in the womb.
Parents have filed suit against a number of firms that were responsible for the exposure of families of soldiers at Camp Lejeune to these harmful chemicals. Some of the birth defect lawyers have obtained significant 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 defect lawsuit defects can be caused by a combination of medical negligence and environmental factors. If a family believes that their child's birth defect may be due to medical negligence, prescription drug abuse or exposure to toxic chemicals, they should talk to an DC birth injury lawyer to discuss the issue.
Chemicals and other contaminants in the environment can cause serious birth defects when they are consumed or absorbed by pregnant women. Teratogens are the term used to describe these chemicals. More than 4 million chemicals can be found in our air, food and water. Certain of these chemicals could be dangerous to pregnant women.
Arsenic in drinking water or cadmium from coal that is contaminated for instance, may cause birth defects as well as other health problems. Industrial solvents, such as benzene, toluene and Birth defects trichloroethylene (a metal degreaser) are also associated with certain birth defects. Glycol-ethers are also known to increase the likelihood of birth defects occurring in women. These chemicals are used for the manufacture of semiconductors display panels, silicon chip displays, and video displays.
LK's skilled birth defect attorney defect attorneys have brought numerous lawsuits on behalf of children who suffered from a range of birth defects caused by unintentional exposure to toxic chemicals and chemicals at workplaces or at home. These lawsuits require complex scientific analyses and expert witnesses, such as toxicologists and epidemiologists.