7 Simple Secrets To Totally Rocking Your Birth Defect Litigation
Why You Should Hire a Birth Defect Lawyer
If your child was born with a birth defect this can have a devastating effect on you and your family. The cost of therapy, medical bills and other losses can quickly become a burden.
A Hyattsville birth defect lawyer could help you file claim for compensation for the expenses of caring for your disabled child. A legal claim for birth defects can be complicated, which is why you should consult a lawyer as soon as possible.
Medical Malpractice
Medical professionals are required to adhere to a standard of care when treating pregnant women or their infants. If the actions of a doctor fall below this standard and cause a birth defect or injury, they can be held accountable for the damage suffered by their patient. A DC lawyer who has experience in lawsuits for birth defects 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 held liable for birth injuries if they fail to identify fetal distress, or do not respond appropriately. This can cause a number of serious complications, including hypoxic ischemic encephalopathy (HIE) and brain injuries such as cerebral palsy.
The difference between birth defects and birth injury is that defects are a part of a person's genetic makeup however, injuries are caused by something that happens during labor, pregnancy or delivery. The causes of injuries include conditions such as Erb's palsy which develops when the nerves that power and control the arms of a newborn are stretched or torn during the birth process, and caput succedaneum, a swelling of the scalp. Both of these can result in permanent disability and require ongoing treatment, which can result in significant medical bills. A Washington, DC lawyer who is an expert in birth defects may offer a free consultation in order to analyze your case and determine the most appropriate course for you and your baby.
Prescription Drugs
A birth defect lawyer might be able to help parents identify the root of a child's birth injury or defect. While many birth defects are due to genetics and other factors that occur during a mother's pregnancy, they can also occur because of medications. Certain common medications have a profound effect on fetuses, especially in the first trimester of a pregnancy. These include anti-nausea drugs, NSAIDs, chemotherapy medications, certain antibiotics, and more. These medications have been linked to a higher chance of limb deformities, heart defects, brain defects and craniosynostois.
The duty of a doctor is to take into consideration these risks when prescribing medication for pregnant women. If doctors do not meet this standard of care, they could be liable for medical negligence. Pharma companies could also be held accountable for not properly inform mothers of the risks that come with their medication. Zofran, which is used to treat nausea in cancer patients, was found to increase the risk of major defects in first-trimester pregnancy.
An attorney for birth defects can help a family get compensation for medical expenses, income loss and quality of life. This could include hospital expenses physician's fees, pharmaceutical costs, and other expenses, as well assistive devices and therapy.
Chemical Exposure
A birth defect lawyer can bring a lawsuit on behalf families of children with congenital disabilities resulting from the negligence of businesses that expose pregnant women to chemicals or drugs that cause birth defects. These lawyers are specially trained to identify the cause of birth defects so they can bring a suit against companies that expose pregnant women to teratogens at work or in their home.
Some of the exposures to chemicals that lead to birth defects are the fungicides, metals, herbicides and other pesticides. These chemicals are called Teratogens because they interfere with the normal development of a fetus through chemical changes that lead to abnormal organs or hinder normal cell function. These chemicals are used in a variety of locations, such as processing of semiconductors and metal cleaning.
Other dangerous chemicals that may cause birth defects are aliphatic hydrocarbons with aliphatic chlorinated chemistry such as perchloroethylene, trichloroethylene or dichloroethane. These chemicals have been proven to cause heart defects in babies born to mothers who were exposed in the womb.
Parents have filed lawsuits in order to ensure that companies are held accountable for exposing families of soldiers at Camp Lejeune, North Carolina, to harmful chemicals. Some of these birth defect lawyers have won significant 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 defect lawsuits defects are caused by a combination of medical negligence and environmental factors. If a family suspects that the birth defect lawsuits defect of their child may be a result of medical malpractice, prescription drug overdose or exposure to harmful chemicals, they should speak with a DC birth injury lawyer to discuss the situation.
Chemicals and other substances in the environment can cause birth defects of a serious nature if they are ingested or taken in by pregnant women. These chemicals are referred to as Teratogens. 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 waters or cadmium in coal that has been contaminated for instance, can cause birth defects as well as other health problems. Industrial solvents like trichloroethylene, toluene, and benzene (a metal degreaser) are also linked to certain birth defects. Glycol-ethers can increase the risk of birth defects in women. These chemicals are used to make semiconductors display panels, silicon chip displays, and video displays.
LK's experienced birth defect attorneys have brought many lawsuits on behalf of children who suffered from a variety of birth defects caused by wrongful toxic and chemical exposure at workplaces or in their homes. These lawsuits involve complicated scientific analyses and expert witnesses like toxicologists and epidemiologists.