The Top 5 Reasons People Win With The Birth Defect Litigation Industry
Why You Should Hire a Birth Defect Lawyer
If your child was born with a birth defect, it can have a devastating effect on you and your family. Medical bills, therapy costs and other losses can quickly accumulate.
A Hyattsville birth defect lawyer could help you file an appeal to receive compensation for the costs of caring for your child with disabilities. A legal claim for birth defects may be complex, so you should consult with a legal professional immediately.
Medical Malpractice
Medical professionals must adhere to an appropriate standard of care when treating pregnant women and their babies. When a doctor's actions are not in line with this standard and result in birth defects or injuries the doctor could be held responsible for damages sustained by their patient. A DC lawyer with expertise in lawsuits involving birth defects can determine if your child's condition was caused by a medical error during pregnancy or the birth.
A doctor may also be held responsible for birth injuries if they fail to recognize fetal distress and fail to respond appropriately. This could lead to a number serious problems including hypoxic-ischemic encephalopathy as well as brain injuries like cerebral palsy.
Birth injuries differ from birth defects because they are caused by circumstances during pregnancy, delivery or labor. The causes of injuries include issues like Erb's syndrome which develops when the nerves which energize and control the infant's arms are stretched or ruptured during birth and the caput succedaneum is an increase in the size of the scalp. Both of these can result in permanent disability and require ongoing treatment, which can result in hefty medical costs. A Washington, DC birth defect law firms defect lawyer can provide a free initial consultation to analyze your case and determine the best option for you and your child.
Prescription Drugs
A birth defect attorney may help parents determine the reason behind the birth injury of a child. While many birth defects are caused by genetics and factors during the pregnancy of a mother but they can also happen because of medications. Certain commonly used medications can have negative effects on foetuses. This is particularly relevant in the first three months of pregnancy. This includes anti-nausea medication, NSAIDs, chemotherapy drugs as well as certain antibiotics, and more. These drugs have been shown to increase the risk of developing limb and brain defects, heart defects and craniosynostois.
The duty of a doctor is to take into account these risks when prescribing medication for pregnant women. If doctors do not adhere to this standard of care, they may be held liable for negligence. Pharmaceutical companies could be held liable as well for not adequately informing mothers about the risks associated with their drugs. Zofran is a drug used to treat nausea in cancer patients, was found to increase the risk of major defects occurring in first-trimester pregnancies.
A birth defect lawyer can help families get compensation for the future and present medical expenses associated with the injury or disability, and also loss of earnings and quality of life. This could include hospital fees physician's fees, pharmaceutical costs and other expenses along with assistive devices and therapy.
Chemical Exposure
A birth defect lawyer can file an action on behalf of 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 determine the reason for birth defects so that they can bring a suit against companies who expose pregnant women to teratogens at work or at home.
Some of the chemical exposures that contribute to birth defects are metals, fungicides, herbicides and other pesticides. These chemicals are known as teratogens due to the fact that they affect the development of a healthy embryo through chemical changes that lead to abnormal organs or prevent normal cell function. These chemicals are present in a variety locations, such as semiconductor manufacturing and metal cleaning.
Other chemicals that may cause birth defects are hydrocarbons that are aliphatic, such as trichloroethylene perchloroethylene or dichloroethane. These chemicals are known to cause cardiac birth defects in babies born to mothers who were exposed during their time in the womb.
Parents have filed lawsuits in order to expose companies to liability for the families of soldiers in Camp Lejeune, North Carolina exposed to harmful chemicals. Some of these birth defect lawyers have won substantial settlements for families who had children born with severe defects resulting from the exposure to toxic chemicals at the base.
Environmental Exposure
Certain birth defects can be caused by the combination of medical negligence and environmental factors or chemicals. If a family is concerned that the birth defect of their child could be the result of medical negligence, prescription drug overdose or exposure to toxic chemicals, they should speak with an DC birth injury lawyer to discuss the matter.
Chemicals and other toxins in the environment can cause birth defects of a serious nature when they are consumed or taken in by pregnant women. Teratogens are the name for these substances. More than 4 million chemicals exist in our air, food and water and a few can be harmful if they come into contact with pregnant women.
Arsenic in drinking water or cadmium found in coal that has been contaminated, for example, can cause birth defects and other health problems. Certain birth defects can also be associated with industrial solvents like benzene (a metal degreaser) as well as toluene (a solvent for plastics) and trichloroethylene. Glycol ethers that are employed in the manufacturing of silicon chips, semiconductors and video displays are known to increase a woman's chances of having birth defects too.
LK's experienced birth defect attorneys have filed numerous lawsuits on behalf of children who have suffered from a variety of birth defects resulting from improper exposure to chemicals and toxic substances at work or at home. These lawsuits are based on complex scientific analyses and expert witnesses such as toxicologists and epidemiologists.