20 Truths About Birth Defect Litigation: Busted

Why You Should Hire a Birth Defect Lawyer

If your child was born with an anomaly in the birth this can be devastating for you and your family. The cost of therapy, medical bills and other expenses can quickly become a burden.

A Hyattsville birth defect lawyer can assist you in filing an action to collect compensation for the cost of taking care of your disabled child. A legal claim for birth defects can be complicated, which is why you should consult a lawyer immediately.

Medical Malpractice

Medical professionals must adhere to a standard of care when treating pregnant women and their babies. If a doctor's actions do not meet the standards and cause a birth defect or injury, they can be held accountable for injuries suffered by their patient. A DC lawyer who has experience in birth defect lawsuits will help you determine if your child's health condition may be the result of a medical error during pregnancy or during delivery.

A doctor could be held accountable for birth injuries if they fail to recognize fetal distress and don't respond appropriately. This can cause many serious problems like hypoxic-ischemic brain injury and hypoxic encephalopathy such as cerebral palsy.

Birth injuries differ from birth defects because they are caused by circumstances during pregnancy, delivery or labor. Injuries can result from conditions like Erb's Palsy which is caused when the nerves that energize and control the arms of an infant are stretched or torn during birth, and caput succedaneum, an increase in the size of the scalp. Both of these can lead to lifelong disability and require ongoing treatment, which can result in large medical expenses. A Washington, DC lawyer who is skilled in birth defects can provide a free consultation to look over your case and determine the best course for you and your baby.

Prescription Drugs

A birth defect lawyer may be able to help parents determine the cause of a child's birth injury, or defect. While many birth defects are caused by genetics and the factors that influence a mother's pregnancy, they can also occur as a result of medication. A number of commonly used medications have a significant impact on fetuses, especially in the first trimester of pregnancy. These include anti-nausea drugs, NSAIDs, chemotherapy drugs as well as certain antibiotics, and many more. These medications have been linked to a higher risk of deformities in the limbs and heart defects, brain defects and craniosynostosis.

It is the professional responsibility of doctors to consider these risks when prescribing medicines for pregnant women. If doctors do not follow this standard of care, then they may be held liable for malpractice. Pharma companies can also be held responsible for not adequately informing mothers of the risks that come with their medication. For instance, Zofran, a medication used to treat nausea in cancer patients, has been found to significantly increase the risk of congenital defects that are major in the first trimester of a pregnancy.

A birth defect attorney can assist a family in obtaining compensation for medical expenses, loss of income and quality of life. This can include hospital costs, doctor's fees, pharmaceutical costs, and other expenses, as well as assistive devices and therapy.

Chemical Exposure

A birth defect lawyer can bring an action on behalf of families of children who suffer from congenital disabilities resulting from the negligence of businesses that expose pregnant women chemicals or drugs that cause birth defects. These lawyers are specially trained to discover the reason for the birth defect to bring a lawsuit against companies that expose mothers to teratogens during the time they are working or in their homes.

Some of the chemical exposures that can lead to birth defects are the use of fungicides and metals as well as herbicides and other pesticides. These chemicals are referred to as Teratogens since they affect the development of a healthy embryo through chemical changes that can cause abnormal organs or hinder normal cell function. These chemicals are used in a variety of settings including the manufacturing of semiconductors, metal cleaning and paint production.

Other chemicals that may cause birth defects are hydrocarbons with aliphatic properties, like trichloroethylene perchloroethylene or dichloroethane. These chemicals have been found to cause birth problems, including cardiac defects, in babies born to mothers who were exposed to them while in the womb.

Parents have filed lawsuits in order to hold companies accountable for the families of soldiers who live at Camp Lejeune, North Carolina, to harmful chemicals. Some of these birth defect lawyers have obtained significant settlements on behalf of families who had their children born with severe defects as a result of the toxic chemical exposures at the base.

Environmental Exposure

Certain birth defects may be caused by a combination between medical negligence and environmental factors. If a family is concerned that the birth 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 matter.

If pregnant women ingest or absorb contaminants from the surrounding environment they could develop serious birth defects. Teratogens is the name given to these substances. More than 4 million chemicals can be found in our food, air and water. Some of these chemicals can be harmful to pregnant women.

For example, arsenic in drinking water and cadmium from coal that is contaminated can cause various birth defects and health issues. Certain birth defects are linked to industrial solvents like benzene (a metal degreaser), toluene (a solvent for plastics) and trichloroethylene. Glycol-ethers are also known for their ability to increase the likelihood of birth defects occurring in women. These chemicals are used to manufacture semiconductors display panels, silicon chip displays, and video displays.

The experienced attorneys at LK's firm for birth defects have filed a variety of lawsuits in the name of children who suffered from various birth defects due to accidental exposure to toxic chemicals or chemicals at their workplace or home. These lawsuits involve complex scientific analyses and expert witnesses such as toxicologists and epidemiologists.