A Brief History Of The Evolution Of Birth Defect Litigation
Why You Should Hire a Birth Defect Lawyer
If your child was born with a birth defect this can be devastating for you and your entire family. The cost of therapy, medical bills and other losses can quickly become a burden.
A Hyattsville birth defect lawyer can assist you in filing claim for compensation for the cost of caring for your disabled child. A legal claim for birth defects may be complicated, so you should consult with a legal professional as soon as possible.
Medical Malpractice
Medical professionals must adhere to the highest standards of care when treating pregnant women and their infants. When a doctor's actions are in violation of this standard and result in birth defect or injury and/or death, they may be held accountable for damages sustained by their patient. A DC lawyer who has expertise in lawsuits for birth defects will help you determine whether your child's health issue was caused by a medical mistake during pregnancy or during delivery.
A doctor may also be held accountable for birth injuries if they fail detect fetal distress or are unable to respond in a timely manner. This can result in a number serious problems including hypoxic-ischemic neuropathy 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 make-up however, injuries are caused by something that happens during labor, pregnancy, or the birth. Injuries can result from conditions such as Erb's palsy that occurs when the nerves that power and control the arms of a newborn are stretched or torn during birth as well as caput succedaneum which is a swelling of the scalp. Both of these can result in permanent disability and require ongoing treatment, which can result in large medical expenses. A Washington, DC lawyer who is skilled in birth defects can offer a free consultation in order to review your case, and determine the best course for you and your baby.
Prescription Drugs
A birth defect lawyer might be able to assist parents determine the cause of a child's birth injury or defect. While many birth defects are caused by genetics and other factors that occur during the pregnancy of a mother however, they may also occur as a result of medication. A variety of common medications can have a profound effect on fetuses, especially in the first trimester of a pregnancy. Anti-nausea drugs, NSAIDs, and chemotherapy medications are among the most commonly used. These drugs have been shown to increase the risk of developing limb and brain defects, heart defects, and craniosynostois.
It is the duty of a doctor to take into consideration the potential risks when prescribing medications for women who are pregnant. If doctors fail to adhere to this standard of care they could be held liable for medical negligence. Pharmaceutical companies could be held accountable for failing to adequately warn mothers about the risks associated with their products. For instance, Zofran, a medication used to treat nausea in cancer patients, has been proven to significantly increase the risk of major congenital problems in the first trimester of a pregnancy.
An attorney for birth defects can assist a family to obtain compensation for medical expenses, loss of income and the quality of life. This can include hospital, doctor's pharmaceutical, and other costs, as well as assistive devices and therapies.
Chemical Exposure
A birth defect lawyer can file an action on behalf of families of children who suffer from congenital disabilities that result from the negligence of businesses that expose pregnant women chemicals or drugs that cause birth defects. They are trained to identify the cause of the birth defect in order to file a lawsuit against companies who expose mothers to teratogens when they are working or in their home.
Some of the chemical exposures that contribute to birth defects include herbicides, fungicides, metals and other pesticides. These chemicals are called teratogens, because they can affect the healthy development a foetus by causing chemical changes that cause abnormal organs or block normal cell function. These chemicals are present in a variety of settings including semiconductor manufacturing, metal cleaning and paint production.
Other chemicals that can cause birth defects are aliphatic chlorinated hydrocarbons such as perchloroethylene (trichloroethylene), trichloroethylene ( dichloroethane. These chemicals are known to cause cardiac birth defects in babies born to mothers who were exposed while they were in the womb.
Parents have filed lawsuits to make companies accountable for exposing families of soldiers at Camp Lejeune, North Carolina exposed to harmful chemicals. Some of these birth defect lawyers have obtained significant settlements for families whose children were born with severe defects as a result of the toxic chemical exposures at the base.
Environmental Exposure
Certain birth defects can be caused by the combination of medical negligence and environmental conditions or chemicals. If a family believes that their child's birth defect law firms defect may be a result of medical malpractice, prescription drug overdose or exposure to harmful chemicals, they should speak with a DC birth defect attorney injury lawyer to discuss the issue.
Chemicals and other substances in the environment can cause birth defects of a serious nature when they are consumed by or absorbed by pregnant women. These chemicals are called teratogens. More than 4 million chemicals are present in our food, air and water, and some of them can be harmful if they come into contact with a woman who is pregnant.
For instance, arsenic from drinking water and cadmium in coal that is contaminated can cause numerous birth defects, as well as other health problems. Certain birth defects can also be associated with industrial solvents like benzene (a metal degreaser) and toluene (a solvent for plastics) and trichloroethylene. Glycol-ethers, which are used in the production of silicon chips, semiconductors and video displays are well-known to increase the chance of having birth defects.
LK's highly experienced birth defect lawyers have brought numerous lawsuits on behalf of children who suffer from a myriad of birth defects caused by unintentional exposure to toxic chemicals and chemicals at workplaces or in their homes. These lawsuits are based on complex scientific analyses and expert witnesses such as toxicologists and epidemiologists.